On approval of the Rules for subsidizing interest rates when lending to subjects of the agro-industrial complex, as well as leasing for the purchase of farm animals, machinery and technological equipment

New Unofficial translation

Order of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Agriculture of the Republic of Kazakhstan dated October 26, 2018 № 436. Registered with the Ministry of Justice of the Republic of Kazakhstan on November 15, 2018 № 17741.

      Unofficial translation

      Footnote. Title - as amended by order of the Minister of Agriculture of the Republic of Kazakhstan dated June 22, 2020 No. 205 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      In accordance with sub-item 41) of item 1 of article 6 of the Law of the Republic of Kazakhstan dated July 8, 2005 "On State regulation of development of agricultural complex and rural territories", I HEREBY ORDER:

      1. To approve the attached Rules for subsidizing remuneration rates for lending to agricultural entities, as well as leasing for the purchase of farm animals, machinery and technological equipment.

      Footnote. Clause 1 - as amended by order of the Minister of Agriculture of the Republic of Kazakhstan dated June 22, 2020 No. 205 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

      2. To deem as no longer in force:

      1) Order no.50 of the Deputy Prime Minister of the Republic of Kazakhstan – Minister of Agriculture of the Republic of Kazakhstan dated February 1, 2017 "On approval of the Rules for subsidization of the interest rates on loans and leasing of technological equipment, for purchase of livestock animals, as well as on leasing of agricultural machinery" (registered in the Register of the State Registration of Regulatory Legal Acts no.14815, published on March 2, 2017 in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan);

      2) Order no. 233 of the Deputy Prime Minister of the Republic of Kazakhstan – Minister of Agriculture of the Republic of Kazakhstan dated June 1, 2018 "On amendments to the Order no.50 of the Deputy Prime Minister of the Republic of Kazakhstan – Minister of Agriculture of the Republic of Kazakhstan dated February 1, 2017 "On approval of the Rules for subsidization of the interest rates on loans and leasing of technological equipment, for purchase of livestock animals, as well as on leasing of agricultural machinery" (registered in the Register of the State Registration of Regulatory Legal Acts no.17205, published on August 1, 2018 in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan).

      3. The Department of Investment Policy of the Ministry of Agriculture of the Republic of Kazakhstan in accordance with the procedure, established by the legislation, shall ensure:

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

      2) within ten calendar days from the date of state registration of this order with the Ministry of Justice of the Republic of Kazakhstan the direction hereof to the Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and placement in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan;

      3) within ten working days after the state registration of this order, direction of a copy hereof for official publication to periodical printed media;

      4) placing this order on the Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan;

      5) within ten working days after the state registration of this order, reporting to the Department of Legal Services of the Ministry of Agriculture of the Republic of Kazakhstan on performance of activities, stipulated by sub-items 2) 3)and 4) of this item.

      4. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Agriculture of the Republic of Kazakhstan.

      5. This order shall be put into effect from January 1, 2019.

      Deputy Prime Minister
      of the Republic of Kazakhstan –
      Minister of Agriculture
      of the Republic of Kazakhstan U. Shukeyev

      "AGREED"

      Ministry of Information and

      Communications of the

      Republic of Kazakhstan

      "AGREED"

      Ministry of Finance of the

      Republic of Kazakhstan

      "AGREED"

      Ministry of National Economy

      of the Republic of Kazakhstan

  Approved
by the order no. 436 of the
Deputy Prime Minister of the
Republic of Kazakhstan – Minister
of Agriculture of the Republic of
Kazakhstan dated October 26, 2018

Rules for subsidizing interest rates when lending to subjects of the agro-industrial complex,
as well as leasing for the purchase of farm animals, machinery and technological equipment

      Footnote. The rules are in the wording of the order of the Minister of Agriculture of the Republic of Kazakhstan dated June 22, 2020 No. 205 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Chapter 1. General Provisions

      1. These Rules for subsidizing interest rates when lending to subjects of the agro-industrial complex, as well as leasing for the purchase of farm animals, machinery and technological equipment (hereinafter referred to as the Rules) are developed in accordance with subparagraph 41) of paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan dated July 8, 2005 " On state regulation of the development of the agro-industrial complex and rural areas ", as well as in accordance with subparagraph 1) of article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013" On public services "(hereinafter - the Law on public services) and determine the procedure for subsidizing interest rates in lending subjects of the agro-industrial complex, as well as leasing for the purchase of farm animals, machinery and technological equipment at the expense and within the funds provided for in the budget for the corresponding financial year.

      Unpaid obligations of the previous year are paid from the funds of the current year, subject to the availability of funds in the budget that are free from obligations.

      2. The main purpose of subsidizing interest rates in lending to the agro-industrial complex, as well as leasing for the purchase of farm animals, machinery and technological equipment is to increase the availability of financial services for the agro-industrial complex.

      3. The following basic concepts are used in these Rules:

      1) State Corporation "Government for Citizens" (hereinafter - the State Corporation) - a legal entity created by the decision of the Government of the Republic of Kazakhstan to provide public services, services for the issuance of technical specifications for connecting natural monopoly entities to the networks and services of quasi-public sector entities in accordance with by the legislation of the Republic of Kazakhstan, organizing work on receiving applications for the provision of public services, services for issuing technical specifications for connecting to networks of natural monopoly entities, services of quasi-public sector entities and issuing their results to a service recipient on the principle of "one window", as well as ensuring the provision of public services in electronic form, carrying out state registration of rights to real estate at the place of its location;

      2) an agreement for subsidizing interest rates for lending to subjects of the agro-industrial complex, as well as leasing for the purchase of farm animals, machinery and technological equipment (hereinafter - the subsidy agreement) - a written agreement concluded between the borrower, the working body and the financial institution, providing for the procedure and conditions for the transfer of subsidies , liability of the parties, concluded in paper or electronic form;

      3) farm animals - animals cultivated by humans (cattle, small ruminants, horses, camels, pigs and poultry) that are directly related to agricultural production;

      4) personal account - a personal web page of a user (borrower (service recipient), financial institution, working body (service provider) for the distribution of subsidies) in the electronic register of applications for subsidies;

      5) personal account - a set of entries contained in the electronic register of applications for subsidies, allowing to identify a registered person for the purpose of registering applications for subsidies and accounting for transactions on them;

      6) service provider - a person providing access to the information system of subsidies and its support as an owner, which is determined by the working body (service provider) for the distribution of subsidies in accordance with the legislation of the Republic of Kazakhstan on public procurement;

      7) financial institutions - second-tier banks, foreign and international financial institutions, including those conducting banking operations through Kazakhstani financial institutions, credit organizations licensed to carry out banking operations, as well as leasing companies and credit partnerships in the field of the agro-industrial complex;

      8) borrower (service recipient) - an individual or legal entity, an individual entrepreneur (including a peasant (farm) economy) who have entered into a loan agreement with a financial institution;

      9) loan agreement - an agreement concluded between a financial institution and a borrower (service recipient), under which the financial institution provides a loan / leasing, as well as a financing agreement on Islamic principles;

      10) public service standard - a list of basic requirements for the provision of public services, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services;

      11) a working body for the distribution of subsidies (hereinafter referred to as a working body (service provider)) - a structural unit of local executive bodies of regions, cities of republican significance and the capital, which implements functions in the field of agriculture;

      12) application for subsidization - a paper or electronic application of a financial institution for payment of the subsidized part of the interest rate under the loan agreement of the borrower (service recipient);

      13) electronic register of applications for subsidies - a set of information about applications for subsidies, as well as about borrowers (service recipients), financial institutions, and other information reflected in the information system of subsidies;

      14) information system of subsidies - an organizationally ordered set of information and communication technologies, service personnel and technical documentation, designed to provide services for the implementation of subsidizing processes, providing the ability to register an application for subsidies, as well as its processing by automatically checking the application for compliance with the conditions of subsidies ;

      15) web portal of the subsidizing information system (hereinafter - the web portal) - an Internet resource located on the Internet, providing access to the subsidizing information system;

      16) remuneration rate - payment due to a financial institution for using a loan in percentage terms, including the rate of return paid by the borrower (service recipient) under a loan agreement concluded on the principles of Islamic finance;

      17) technological equipment - equipment for the production and processing of agricultural products, consisting of direct-use and auxiliary equipment, without the use of which the full technological cycle cannot be provided;

      18) proposal - a joint proposal of the borrower and the financial institution to conclude a subsidy agreement, signed on paper or in electronic form with an electronic digital signature in the form in accordance with Appendix 1 to these Rules;

      19) the web portal of "electronic government" is an information system that is a single window of access to all consolidated government information, including the regulatory legal framework, and to public services, services for issuing technical specifications for connecting natural monopoly entities to networks and services of quasi-public entities. sectors rendered in electronic form;

      20) electronic digital signature (hereinafter referred to as EDS) - a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and invariability of its content.

      4. Subsidizing is carried out under loan agreements:

      1) for the purchase of agricultural machinery, including attachments and trailed equipment, as well as for the purchase of farm animals, for the purchase of fixed assets, construction (except for loans for the purchase of fixed assets for the production of flour, mineral waters and soft drinks) according to the following standards, providing for a reduction in remuneration rates:

      by 10 (ten) percent (hereinafter -%) per annum in tenge;

      by 8 (eight)% per annum in Russian rubles;

      by 2 (two)% per annum in another currency;

      2) to replenish the working capital required for the technological cycle of the production process is carried out according to the following standards, providing for a reduction in remuneration rates:

      by 7 (seven)% per annum in tenge;

      by 4 (four)% per annum in Russian rubles;

      by 1 (one)% per annum in another currency;

      3) for loans issued for carrying out spring field and harvesting works, a reduction in remuneration rates is provided:

      by 9 (nine)% per annum in tenge;

      by 7 (eight)% per annum in Russian rubles;

      by 2 (two)% per annum in another currency.

      At the same time, under the loan agreements provided for in subparagraph 1), it is not allowed to reduce the interest rate below 4 (four)% per annum in tenge, below 3 (three)% per annum in Russian rubles, below 2 (two)% per annum in another currency.

      Under the loan agreements provided for in subparagraphs 2), 3), it is not allowed to reduce the interest rate below 5 (five)% per annum in tenge, below 4 (four)% per annum in Russian rubles, below 3 (three)% per annum in another currency.

      5. Subsidizing the interest rate under loan agreements issued by financial institutions within the framework of the Lending Mechanism for Priority Projects, approved by the Government of the Republic of Kazakhstan dated December 11, 2018 No. 820 "On some issues of ensuring long-term tenge liquidity to solve the problem of affordable lending" (hereinafter - the Mechanism crediting of priority projects) is carried out:

      1) for investment purposes with a decrease in interest rates by 10 (ten)% per annum in tenge, while the subsidy period is no more than 10 (ten) years without the right to prolongation;

      2) to replenish current assets with a decrease in interest rates by 9 (nine)% per annum in tenge, while the subsidy period is no more than 3 (three) years without the right to prolongation;

      3) for carrying out spring field and (or) harvesting works with a decrease in remuneration rates by 9 (nine)% per annum in tenge.

      Subparagraph 2) of this paragraph applies to relations that have arisen since January 1, 2019.

      Under this clause, valid loan agreements issued by financial institutions in accordance with the list of goods for crediting priority projects for production and processing in the agro-industrial complex are subject to subsidies in accordance with the annex to the Priority Projects Credit Facility.

      6. Subsidizing is carried out under a loan agreement that meets the requirements for a loan agreement in accordance with Appendix 2 to these Rules.

      7. The subsidy agreement concluded before the entry into force of these Rules continues to be subsidized on the terms specified in the subsidy agreement, except for the cases provided for in part two of clause 5, part three of clause 9 and part three of clause 12 of these Rules.

      The translation of paper subsidy agreements into electronic format and their registration in the subsidy information system is carried out by a financial institution.

      8. Loan agreements that are valid on the date of submission of the proposal and concluded no earlier than 4 (four) years before the submission of the proposal are subject to subsidies.

      The loan agreement, under which the decision was made to terminate subsidies, is allowed to re-participate in the program no more than 1 (one) time.

      Under loan agreements re-participating in the program, subsidies are restored on the previous conditions specified in the previously canceled subsidy agreement, in terms of standards, subsidy terms, without increasing the previously approved amount of subsidies for the period from the date of the decision by the working body (service provider) to approve the proposal, except for the cases provided for in part two of clause 5, part three of clause 9 and part three of clause 12 of these Rules.

      9. Subsidizing under the loan agreement is carried out for the entire period of its validity.

      At the same time, according to a previously concluded loan agreement, the accrual of subsidies begins from the date of the decision by the working body (service provider) on the proposal.

      In 2019, the calculation of the amount of subsidies is carried out by financial institutions under previously issued loan agreements, while the accrual of subsidies begins on January 1 of the year.

      10. Under loan agreements issued by a financial institution in foreign currency, subsidizing is carried out in tenge at the rate established by the National Bank of the Republic of Kazakhstan on the date of payment by the borrower (service recipient) of the interest rate.

      11. In the event of a positive exchange rate difference, it is counted towards future subsidies, and in the case of a negative exchange rate difference, it is paid by the borrower (service recipient).

      12. If the terms of the loan agreement are changed (except for the cases provided for in part two of clause 5, part three of clause 9 and part three of clause 12 of these Rules), the previously approved and accrued subsidy amount does not increase, the subsidy period is not extended.

      This restriction does not apply to loan agreements in the event that financial institutions provide a delay in the payment of the interest rate and (or) repayment of the principal debt for a period not exceeding 10 (ten) months due to the onset of aggravating circumstances for the borrower (service recipient), as a result of the introduction of an emergency provisions by decisions of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan and (or) documents of authorized bodies.

      In this case, in the event of an increase in the amount of remuneration in connection with the granting of a deferral for the payment of the interest rate and (or) repayment of the principal debt for a period not exceeding 10 (ten) months, the amount of subsidies is recalculated upward, and the extension of the existing subsidy agreement is also allowed.

      13. In the event of a decrease in the amount of remuneration, the amount of subsidies is recalculated downward, separately for each year.

      14. The responsible executor of the working body (service provider) within 3 (three) working days after the approval of the individual monthly financing plan for subsidizing interest rates (hereinafter - the Financing Plan) places it on the web portal.

Chapter 2. Conditions for obtaining subsidies

      15. Subsidies are paid subject to the following conditions:

      1) submission by a financial institution of an application for subsidies in the form in accordance with Appendix 3 to these Rules.

      If the subsidy agreement is concluded in electronic form, the subsidy application is submitted by a financial institution in electronic form.

      If the subsidy agreement is concluded in paper form and is not translated into electronic format, the subsidy application is submitted by the financial institution in paper form;

      2) the existence of a valid (not terminated and not terminated) contract for subsidizing interest rates for this application, concluded in the form in accordance with Appendix 4 to these Rules (at the time of filing an application for payment);

      3) the borrower (service recipient) has no overdue obligations for the principal debt and (or) remuneration under the subsidized loan agreement (at the time of filing an application for payment).

      The list of basic requirements for obtaining subsidies, including the characteristics of the process, the form, content and result of the provision of subsidies, as well as other information, taking into account the specifics of the provision of subsidies, are set out in the standard of the state service "Subsidizing interest rates when lending to entities of the agro-industrial complex, as well as leasing for the purchase of farm animals. , machinery and technological equipment "in accordance with Appendix 5 to these Rules.

      The result of the provision of a public service is a notification of the transfer of a subsidy in the form in accordance with Appendix 6 to these Rules, or a notification of refusal to provide a public service in the form in accordance with Appendix 7 to these Rules.

      The result of the provision of public services is sent to the e-mail address specified by the borrower (service recipient) during registration in the information system of subsidies, as well as to the "personal account" in the information system of subsidies.

      In the case of a paper form of rendering public services, the result is issued through the State Corporation.

Chapter 3. Procedure for payment of subsidies

      16. Subsidization includes the following processes:

      1) acceptance of the proposal;

      2) conclusion of a subsidy agreement;

      3) filing an application for subsidies;

      4) payment of subsidies;

      5) amendment of the subsidy agreement;

      6) termination of the subsidy agreement.

      17. Proposals are accepted from January 10 of the corresponding year through the e-government web portal in electronic form or through the State Corporation in paper form.

      18. Acceptance of proposals is carried out subject to the availability of funds in the budget, free from obligations at the time of submission of the proposal.

      Until July 1 of the corresponding year, 60 (sixty)% of the budget provided for new applications is used to subsidize loan agreements, to purchase agricultural equipment, including attachments and trailed equipment, as well as to purchase farm animals.

      If on July 1 of the corresponding year the specified limit has not been used, then proposals are accepted without applying the specified limit.

      19. The proposal is submitted by the borrower (service recipient) with a copy of the loan agreement with the repayment schedule and is confirmed by the financial institution that financed it.

      20. The decision of the working body (service provider) on the proposal includes:

      1) the name and location of the financial institution;

      2) the name and location of the borrower (service recipient), according to the proposal, according to which the decision was made to conclude / refuse to conclude a subsidy agreement and, in case of refusal, a list of reasons for such refusal;

      3) the amount of the loan / lease;

      4) the term of each loan agreement;

      5) the term of the subsidy;

      6) the norm of subsidies;

      7) the total amount of subsidies under the loan agreement (broken down by years).

      21. The subsidy agreement is concluded on the basis of the decision of the working body (service provider) between the borrower (service recipient), the financial institution and the working body (service provider) within 5 (five) working days from the date of receipt by the borrower (service recipient), the financial institution of the notification of the working body (service provider) ) on a positive decision on the proposal.

      22. The subsidy agreement provides for the possibility of the working body (service provider) to unilaterally terminate it in the following cases:

      1) the presence in the contract of unfulfilled obligations by the borrower (service recipient) to repay the principal debt and (or) remuneration for more than 90 (ninety) calendar days;

      2) misuse of funds under a loan agreement;

      3) seizure of the accounts of the borrower (service recipient) by a court decision that has entered into legal force;

      4) a written application in any form of the borrower (service recipient) to refuse to receive subsidies;

      5) full repayment by the borrower (service recipient) of obligations to the financial institution under the loan agreement;

      6) termination or termination of the loan agreement.

      23. The financial institution within 3 (three) business days from the date of signing the subsidy agreement and subsequently sends a monthly request for subsidization to the working body (service provider) in the form in accordance with Appendix 3 to these Rules to fulfill the requirements provided for in paragraph 30 of these Rules.

      24. For applications for subsidies in which the amount of subsidies exceeds the amount of budgetary funds provided for in the Funding Plan for the corresponding month, the payment of subsidies is carried out in the next month in the order of priority from the date of application.

      At the same time, the term for the provision of public services in the current month is suspended and resumed from the first working day of the next month.

      25. If, before the formation of an invoice for payment of a subsidy by the working body (service provider), the existence of a discrepancy in the data in the registered application is revealed, the financial institution withdraws the application, indicating the reason for the withdrawal.

      26. The financial institution opens a special bank account for the transfer of subsidies by the working body (service provider) under the concluded subsidy agreements, and in the absence of such an opportunity, opens a special account in the servicing bank.

      27. A financial institution uses funds in a special bank account only to pay the subsidized part of the interest rate to the borrower (service recipient) under the loan agreement.

      28. When a financial institution receives a non-subsidized part of the interest rate from the borrower (service recipient), it writes off the subsidized part of the interest rate from the special account in accordance with the repayment schedule to the loan agreement.

      29. In the event of the due date of payment under the loan agreement and there is no funds in the special bank account of the financial institution to pay the subsidized part of the interest rate, the borrower (service recipient) pays the full interest rate at its own expense. The financial institution notifies the borrower (service recipient) at least 5 (five) business days before the due date of the need to pay the full rate of interest at its own expense. The working body (service provider) compensates the subsidized part of the remuneration rate by crediting funds to a special bank account of a financial institution. In this case, the financial institution, within 10 (ten) business days from the date of receipt of funds to the special bank account of the financial institution from the working body (service provider), reimburses the borrower (service recipient) of the previously paid, subsidized part of the interest rate by transferring the subsidized interest rate to the current account borrower (service recipient).

      30. The working body (service provider), according to the application for subsidies, monthly transfers in advance to a special bank account of the financial institution the subsidized part of the remuneration rate, per month, in the previous month, in which the next payment of subsidies is made.

      31. In the event of the formation of the balance of unused funds on a special account, their return is provided:

      1) if the borrower (service recipient) is excluded from the program by a financial institution within 1 (one) month after the decision is made by the working body (service provider);

      2) when the terms of the current loan agreement are changed, as well as early repayment of the principal debt by the financial institution within 1 (one) month after the submission of quarterly reports;

      3) if the borrower (service recipient) fails to fulfill its obligations to repay the planned payment of the principal debt and (or) remuneration for a period of more than 90 (ninety) calendar days in a row within 1 (one) month from the date of receipt of information from the working body (service provider) on the termination of subsidizing the borrower (service recipient).

      At the same time, the return of payments made in the current financial year is carried out by restoring the cash expenses of the working body (service provider) by increasing the amount of unfulfilled obligations and reducing cash expenses according to the corresponding codes of the budget classification of expenses in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated September 18, 2014 No. 403 “On some issues of the Unified Budget Classification of the Republic of Kazakhstan” (registered in the Register of State Registration of Regulatory Legal Acts No. 9756).

      In case of return of payments of previous years, the amount of the return is credited to the income of the corresponding budget from which the payments were made.

      32. In the event of a change in the terms of the current loan agreement (interest rate, terms of payment of remuneration, provision of a deferral for the payment of the principal debt and (or) remuneration), the financial institution notifies the working body (service provider) of this with a copy of the decision to change the terms of financing, updated the schedule of repayment of the principal debt, remuneration and the amount of subsidies.

      In the event that the subsidy agreement is concluded in paper form and is not translated into electronic format, the corresponding notification is submitted by the financial institution in paper form.

      33. The working body (service provider), within 3 (three) working days from the date of receipt of a notification from a financial institution on changing the terms of the current loan agreement:

      1) checks the compliance of the amended terms of the loan agreement with the conditions of subsidies established by these Rules;

      2) in case of compliance of the proposed changes with the requirements of these Rules, makes and draws up a decision on amending the subsidy agreement and notifies the financial institution about it.

      34. An additional agreement to the subsidy agreement with an updated subsidy schedule for the borrower (service recipient) is concluded on the basis of the decision of the working body (service provider) between the borrower (service recipient), the financial institution and the working body (service provider), within 5 (five) business days from the date of receipt the financial institution notifies the working body (service provider) of a positive decision to amend the subsidy agreement.

      In this case, a change in the subsidy agreement is allowed provided that the change in the corresponding loan agreement was made by a financial institution by agreement with the borrower (service recipient) (not unilaterally).

      35. The financial institution, from the day when it became aware of the occurrence of an event that is the basis for unilateral termination of the subsidy agreement by the working body (service provider), notifies the working body (service provider) of such an event within 5 (five) business days.

      In the event of an event that is the basis for unilateral termination by the working body (service provider) of the subsidy agreement, concluded in paper form and not translated into electronic format, the corresponding notification is submitted by the financial institution in paper form.

      The working body (service provider) within 5 (five) working days from the date of receipt of the notification from the financial institution makes and draws up a decision to terminate the subsidy agreement and notifies the financial institution about it.

      The working body (service provider), within 5 (five) working days from the day when it became aware of the occurrence of an event that is the basis for unilateral termination, makes and draws up a decision to terminate the subsidy agreement and notifies the financial institution about it.

      The subsidy agreement is considered terminated from the date of receipt by the borrower (service recipient), the financial institution of a notification of the corresponding decision of the working body (service provider).

      36. Refusal to provide subsidies to the borrower (service recipient) is carried out on the grounds provided for in paragraph 2 of Article 19-1 of the Law on Public Services.

      37. The Service Provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public services in the manner prescribed by the authorized body in the field of informatization, in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law on Public Services.

      38. The provisions of this chapter, as well as chapters 1 and 2, apply to the relations provided for by chapters 4 and 5 of these Rules.

Chapter 4. Procedure for consideration of proposals in electronic form

      39. The working body (service provider) from the date of receipt of the proposal within 3 (three) working days:

      1) registration of the proposal in the subsidy information system;

      2) checking the compliance of the proposal with the subsidy conditions established by these Rules, including checking the compliance of the loan agreement with the requirements for the loan agreement in accordance with Appendix 2 to these Rules;

      3) adoption and execution of a decision on the proposal, and notification of this to the borrower (service recipient) and the financial institution.

      40. The decision of the working body (service provider) is signed by the electronic signature of the first head of the working body (service provider) or a person replacing him.

      41. An application for subsidies by a financial institution is submitted through the e-government web portal.

      Information interaction of the web portal "electronic government" and the information system of subsidies is carried out in accordance with Article 43 of the Law of the Republic of Kazakhstan dated November 24, 2015 "On Informatization".

      The presence of personal accounts in the information system of subsidizing of the borrower and the financial institution, the data of which is confirmed as a result of information interaction of the information system of subsidizing with the state databases "Legal entities" or "Individuals".

      The presence of a personal account in the subsidizing information system allows the borrower and the financial institution to independently register an application in the subsidizing information system, in this case, the application is not required, and it is considered submitted from the moment of such registration.

      42. To open a personal account in the subsidy information system:

      1) the borrower (service recipient) and the financial institution need to have an EDS;

      2) the working body (service provider) annually sends to the service provider updated lists of employees who have an EDS.

      Access to the information system of subsidies is provided to the Ministry of Agriculture of the Republic of Kazakhstan (hereinafter referred to as the Ministry) continuously online at no cost.

      The Ministry annually sends a list of responsible persons to the service provider with access to the subsidy information system in accordance with the requirements of the Law of the Republic of Kazakhstan dated May 21, 2013 "On personal data and their protection".

      43. For registration when opening personal accounts by the borrower (service recipient) and the financial institution, the following information is indicated:

      1) for individuals: individual identification number (hereinafter - IIN), last name, first name and patronymic (if any);

      2) for legal entities: business identification number (hereinafter - BIN), full name; last name, first name and patronymic (if any) and IIN of the first head;

      3) for individual entrepreneurs, including in the form of joint venture: IIN or BIN, surname, name and patronymic (if any);

      4) contact details (postal address, telephone, e-mail address);

      5) details of the current account of the second-tier bank.

      If the above data is changed, the borrower (service recipient) and the financial institution within 3 (three) business days change the personal account data entered in the "personal account".

      44. Responsible performer of the working body (service provider) within 2 (two) working days from the date of receipt of the application for subsidies:

      1) confirms the acceptance of the application for subsidies by signing with the use of an EDS;

      2) based on the results of registration of the application for subsidies, forms in the information system of subsidies accounts payable for the payment of subsidies, which are loaded into the information system "Treasury-Client" for transferring subsidies to a special bank account of a financial institution.

      45. The use of the subsidizing information system is allowed subject to certification and positive test results of such a system for compliance with information security requirements and ensuring it:

      1) information interaction with the state databases "Legal entities", "Individuals", "Real estate register" and the web portal of "electronic government";

      2) online availability of information on the status of limits on the amount of subsidies;

      3) posting in the information system an announcement on the suspension of receiving applications for subsidies;

      4) submission through the web portal of proposals, applications for subsidies and notifications signed by an EDS;

      5) formation of decisions of the working body (service provider) in electronic form and their signing with an EDS;

      6) the conclusion in the information system of a subsidy agreement or an additional agreement to the subsidy agreement in electronic form and their signing with an EDS;

      7) the formation of an invoice for payment for the payment of a subsidy to the Treasury authorities for transferring the subsidy to the bank account of the borrower (service recipient).

      46. In the event of a failure of the information system containing the necessary information for granting a subsidy, the working body (service provider) immediately notifies the service provider providing access to the information system of subsidizing about the situation and proceeds to eliminate it.

      In this case, after carrying out work to eliminate the failure that has occurred, the service provider, within 1 (one) working day, draws up a protocol on the technical problem and signs it with the working body (service provider).

      47. When considering an application in electronic form, the activities provided for in paragraphs 16, 19, 21, 23, 25, 29 - 35 of these Rules are carried out in the information system of subsidies.

Chapter 5. Procedure for consideration of proposals in paper form

      48. To carry out subsidies in paper form, a financial institution or a borrower (service recipient) submits the following documents to the State Corporation for transfer to the working body (service provider):

      1) proposals with a copy of the loan agreement with a repayment schedule in the form in accordance with Appendix 1 to these Rules;

      2) the draft of the updated repayment schedule with calculations of the subsidized or non-subsidized parts of the remuneration rate (with the calculations of the subsidized or non-subsidized parts of the rate is sent to the working body (service provider));

      3) an extract from the loan account of the borrower (service recipient) on obtaining a loan (for second-tier banks) or a document confirming the transfer of the loan / transfer of the leased asset.

      49. The working body (service provider) from the date of receipt of the proposal within 3 (three) working days:

      1) verification of the compliance of the proposal with the conditions of subsidies established by these Rules, including verification of the compliance of the loan agreement with the requirements for the loan agreement in accordance with Appendix 2 to these Rules;

      2) execution of a decision on compliance or non-compliance with the terms of these Rules and notification of this to the borrower (service recipient) and the financial institution.

      50. In case of full utilization of budgetary funds provided for the relevant financial year, the working body (service provider) makes a decision to terminate the acceptance of the proposal.

      In this case, the responsible executor of the working body (service provider) within 2 (two) working days, from the date of termination of acceptance of the offer, notifies financial institutions of this in writing and places an advertisement on his Internet resource.

      51. Proposals submitted for consideration after the decision to terminate the acceptance of the proposal has been made are returned to the financial institution or borrower (service recipient) without consideration.

      52. The responsible executor of the working body (service provider) within 2 (two) working days from the date of the decision on the refusal to approve the proposal through the State Corporation notifies the financial institution or the borrower (service recipient) in writing.

      53. The responsible executor of the working body (service provider), after receiving an application for subsidizing a financial institution, within 3 (three) working days, verifies the compliance of the amount of the application for transferring the borrower's subsidy schedule.

      54. The responsible executor of the working body (service provider), within 1 (one) business day after checking the application for subsidies, sends the corresponding invoices for payment to the Treasury authorities.

      55. The responsible executor of the working body (service provider), within 15 (fifteen) working days from the date of making a decision on the application or changing the terms of the current loan agreement (interest rate, terms of payment of remuneration, granting a deferral for the payment of the principal debt and (or) remuneration) makes to the subsidizing information system, data on the application indicating the name of the borrower, the number and date of the loan agreement, the loan amount, the term of the loan agreement, the subsidy period, the purpose of the loan, the percentage of the subsidized interest rate, the total amount of subsidies, the amount of interest for the entire term of the loan agreement (general, subsidized, paid by the borrower), dynamics of changes in the principal debt, with attachment in PDF (Portable Document Format) of scanned copies of your decision, the signed subsidy agreement and subsidy schedules, certified by the seal of the working body (service provider).

      To implement the provisions of this clause, the service provider shall ensure the development and operation of the necessary resources in the subsidy information system.

      56. When considering an application through the State Corporation, the measures provided for in paragraphs 16, 19, 21, 23, 25, 29 - 35 of these Rules are carried out in paper form.

Chapter 6. Final Provisions

      57. The financial institution on a monthly basis, no later than the 20th day of the month following the reporting month, submits to the Damu Entrepreneurship Development Fund Joint Stock Company (hereinafter - Damu IDF JSC) a report on the disbursement of funds issued under the Lending Mechanism for priority projects form in accordance with Appendix 8 to these Rules.

      58. JSC "FRP" Damu "on a quarterly basis, no later than the 20th day of the second month following the reporting month, submits to the Ministry of National Economy of the Republic of Kazakhstan (hereinafter - the MNE RK) a report on the use of funds issued under the Priority Projects Lending Mechanism in the form according to the appendix 8 to these Rules.

      59. The Ministry quarterly, no later than the 20th day of the month following the reporting month, submits to the MNE RK a report on the actual use of subsidies under loan agreements issued under the Priority Projects Credit Facility in the form in accordance with Appendix 9 to these Rules.

      60. The financial institution quarterly, by the 20th day of the month following the reporting period, based on the results of the year (information as of January 1 of the next year), by the 25th day of the month following the reporting period, provides the working body (service provider) with a report on the actual use of subsidies for form in accordance with Appendix 10 to these Rules.

      61. The working body (service provider) quarterly by the 30th day of the month following the reporting period, based on the results of the year (information as of January 1 of the next year), by the 30th day of the month following the reporting period, submits to the Ministry a report on the actual use of subsidies in the form according to Appendix 10 to these Rules.

      62. For the subjects of the agro-industrial complex participating in the program, the reciprocal obligation will be the provision of statistical reporting on investments in fixed assets in agriculture and food production.

Chapter 7. The procedure for appealing decisions, actions (inaction)
of the service provider and (or) his officials on the provision of public services

      63. A complaint against the decision, action (inaction) of the responsible executor of the working body (service provider) on the provision of public services is submitted to the head of the local executive body of the region, the city of republican significance, the capital (hereinafter - the local executive body), the authorized body in the field of development of the agro-industrial complex (hereinafter referred to as the authorized body), to the authorized body for the assessment and the office for the quality of the provision of public services.

      64. The complaint of the borrower (service recipient), in accordance with paragraph 2 of Article 25 of the Law on Public Services, is subject to consideration:

      by a local executive body, an authorized body - within 5 (five) business days from the date of its registration;

      by the authorized body for the assessment and quality control of the provision of public services - within 15 (fifteen) working days from the date of its registration.

      The term for consideration of a complaint by a local executive body, an authorized body, an authorized body for assessment and control over the quality of the provision of public services in accordance with paragraph 4 of Article 25 of the Law on Public Services shall be extended no more than 10 (ten) working days if necessary:

      1) conducting additional study or verification of a complaint or verification with a visit to the place;

      2) obtaining additional information.

      In cases of extension of the period for consideration of a complaint, an official authorized to consider complaints within 3 (three) working days from the date of extension of the period for consideration of a complaint shall notify in writing (when filing a complaint on paper) or electronically (when filing a complaint in electronic form). form) to the borrower (service recipient) who filed a complaint about the extension of the period for considering the complaint, indicating the reason for the extension.

      65. A complaint about the action (inaction) of employees of the State Corporation when providing services through the State Corporation is submitted to the head of the State Corporation, or to an authorized body in the field of informatization.

      66. In cases of disagreement of the borrower (service recipient) with the results of the provision of public services, the borrower (service recipient) applies to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

  Attachment 1
  to the Subsidization Rules
  interest rates at lending to entities
  agro-industrial complex, as well as leasing
  for purchase farm animals, machinery
  and technological equipment
  The form

      Sentence

      Financial institution: _________________________________________________

      (name of the financial institution)

      Borrower: ____________________________________________________________

      __________________________________________________________________________

      (surname, name, patronymic (if any) of an individual or full

      name of the legal entity)

      To: _______________________________________________________________

      (local executive body of a region, a city of republican significance, the capital)

1. Participant information


1

Borrower name


2

Surname, name, patronymic (if any) of the head


3

Information about the borrower: for individual entrepreneurs, including in the form of joint venture individual identification номер (далее – ИИН) или бизнес идентификационный номер (далее – БИН)/ для юридического лица БИН/ для физического лица ИИН


4

Банковские реквизиты


5

Контактные телефоны


2. Information on the credit agreements subject to subsidies (hereinafter - AC)

AC (number and date)


Sum, tenge


Remuneration rate, percentage


The balance of debt on the principal debt as of the date of subsidization, tenge


AC expiration date


Currency of crediting


Purpose of lending / leasing *


Financing source


Four-digit class according to GCEW (code according to the general classifier of types of economic activities) **


Loan / leasing subject,
quantity

Country of origin of the leased asset

Account number in the state registration database


      Note:

      * replenishment of working capital required for the technological cycle of the production process / purchase of fixed assets / construction / leasing of farm animals / machinery and technological equipment / carrying out spring field and harvesting (insert the required).

      ** indicated in case of submission of a loan issued by financial institutions in accordance with the Lending Mechanism for Priority Projects, approved by the Government of the Republic of Kazakhstan dated December 11, 2018 No. 820 "On some issues of ensuring long-term tenge liquidity to solve the problem of affordable lending."

      It is hereby confirmed that:

      1) the loan agreement complies with the requirements for loan agreements established in accordance with the Rules for Subsidizing Interest Rates for Lending to Agro-Industrial Complex Entities, as well as leasing for the purchase of farm animals, machinery and technological equipment, approved by order of the Minister of Agriculture of the Republic of Kazakhstan dated October 26, 2018 No. 436 (registered in the Register of State Registration of Normative Legal Acts No. 17741);

      2) the purpose is the purchase of agricultural machinery, including attachments and trailed equipment, as well as the purchase of farm animals, the acquisition of fixed assets, construction (except for loans for the purchase of fixed assets for the production of flour, mineral water and soft drinks), replenishment of working capital required for the technological cycle of the production process, for carrying out spring field and harvesting works;

      3) the borrower's activities are not at the stage of changing the organizational and legal form, liquidation or bankruptcy, and the activities are not suspended in accordance with the Law of the Republic of Kazakhstan dated March 7, 2014 "On Rehabilitation and Bankruptcy", except for cases of financial debt restructuring and accelerated rehabilitation procedures;

      4) the loan agreement is not financed from the republican budget and (or) the National Fund of the Republic of Kazakhstan;

      5) the borrower has no facts of misuse of funds under the loan agreement;

      6) the borrower has no overdue obligations to repay the principal debt and (or) remuneration under the loan agreement;

      7) the rate of remuneration under the loan agreement specified in the application for subsidization is not subsidized under other state and (or) budget programs.

      Appendix: a copy of the loan agreement with the repayment schedule.

      When submitting a paper proposal: Last name, first name, patronymic (if any) and signature of the borrower

      ________________________________________________________________________________

      Surname, name, patronymic (if any) and signature of the head

      financial institution or a person replacing it

      ________________________________________________________________________________

      Date of signing the proposal by the borrower "___" _______ 20___.

      Date of signing the proposal by the financial institution "___" _______ 20___.

      When submitting an offer electronically:

      Signed and sent by the applicant at __ hours "__" __________ 20__:

      Data from electronic digital signature (hereinafter - EDS)

      Signed and sent by the financial institution at __ hours "__" __________ 20__:

      Data from EDS

      Proposal Acceptance Notice:

      Adopted by the working body at __ hours "__" ______ 20__:

      Data from EDS

  Attachment 2
  to the Subsidization Rules
  interest rates at lending to entities
  agro-industrial complex, as well as leasing
  for purchase farm animals, machinery
  and technological equipment

Requirements for a loan agreement

      The loan agreement meets the following requirements:

      1) the received loan / lease was used in the field of the agro-industrial complex;

      2) concluded with a fixed nominal interest rate of no more than 17 (seventeen) percent (hereinafter -%) per annum in tenge, no more than 14 (fourteen)% per annum in Russian rubles and no more than 7 (seven)% in foreign currency;

      3) the purpose is the purchase of agricultural machinery, including attachments and trailed equipment, as well as the purchase of farm animals, the purchase of fixed assets, construction (except for loans for the purchase of fixed assets for the production of flour, mineral water and soft drinks), replenishment of working capital necessary for the technological cycle of the production process, carrying out spring field and harvesting works;

      4) the source of financing the loan is not the funds of the state budget or the National Fund of the Republic of Kazakhstan;

      5) is valid (not terminated or terminated) at the time of application;

      6) the rate of remuneration is not subsidized under other state and (or) budget programs of the Republic of Kazakhstan.

      New, previously unused agricultural machinery and equipment, as well as those registered in the agricultural machinery registration information system, are subject to subsidies.

      Appendix 3

      to the Subsidization Rules

      interest rates at

      lending to entities

      agro-industrial complex,

      as well as leasing for purchase

      farm animals,

      machinery and technological equipment

      The form

      ____________________________________________________________________

      (local executive body of a region, a city of republican significance, the capital)

      Subsidization application

      "____" __________ 20__

      Hereby, the financial institution _______________________________ in accordance with agreements on subsidizing interest rates for lending to subjects of the agro-industrial complex, as well as leasing for the purchase of farm animals, machinery and technological equipment specified in the table below, confirms that the borrower had no overdue obligations in the previous month, including payment by borrowers of interest rates for loan agreements and asks to pay subsidies to the accounts of the following borrowers in the amount of _______________ tenge, for the period from "__" ______ 20__ to "__" ________ 20__.

      Head of a financial institution (representative by proxy)

      ____________________________________________________________________ (signature, surname, name, patronymic (if any))

  Attachment 3
  to the Subsidization Rules
  interest rates at lending to entities
  agro-industrial complex, as well as leasing
  for purchase farm animals, machinery
  and technological equipment
  The form

____________________________________________________________________ (local executive body of a region, a city of republican significance, the capital) Subsidization application

      "____" __________ 20__

      Hereby, the financial institution _______________________________ in accordance with agreements on subsidizing interest rates for lending to subjects of the agro-industrial complex, as well as leasing for the purchase of farm animals, machinery and technological equipment specified in the table below, confirms that the borrower had no overdue obligations in the previous month, including payment by borrowers of interest rates for loan agreements and asks to pay subsidies to the accounts of the following borrowers in the amount of _______________ tenge, for the period from "__" ______ 20__ to "__" ________ 20__.

      Head of a financial institution (representative by proxy)

      ____________________________________________________________________

      (signature, surname, name, patronymic (if any))


#

Name and unique identification number / business identification number of the borrower

Subsidy agreement number and date

Номер и дата договора займа

Дата погашения по договору займа

Сумма субсидий













      By applying for a paper grant:

      Head of a financial institution (representative by proxy)

      __________________________________________________________________________

      (signature, last name, first name, patronymic (if any))

      Date of signing the application by the financial institution "___" _______ 20___.

      When applying for a subsidy electronically:

      Signed and sent by the financial institution at __ hours "__" __________ 20__:

      Data from electronic digital signature (hereinafter - EDS)

      Application acceptance notification:

      Adopted by the working body at __ hours "__" ______20__: Data from the EDS

  Attachment 4
  to the Subsidization Rules
  interest rates at lending to entities
  agro-industrial complex, as well as leasing
  for purchase farm animals, machinery
  and technological equipment
  The form

Contract for subsidizing interest rates

      city ___________ "___" __________ 20__

      Department of Agriculture __________________ of the region (city), hereinafter referred to as "Working body", represented by ______________ ____________________, acting on the basis of power of attorney No. _______ dated _________________ 20__, on the one hand, _______________, hereinafter referred to as the "Borrower", represented by ____________________, acting on on the basis of ___________________________ on the other hand, and ____________, hereinafter referred to as the "Financial Institution", represented by ____________________, acting on the basis of ______________________, on the third party, hereinafter collectively referred to as the "Parties", and separately the "Party", have entered into this agreement for subsidizing interest rates (hereinafter referred to as the subsidy agreement) as follows.

Chapter 1. Terms and definitions

      1. This subsidy agreement uses the concepts specified in the Rules for Subsidizing Interest Rates for Lending to Agroindustrial Complex Entities, as well as leasing for the purchase of farm animals, machinery and technological equipment, approved by order of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Agriculture of the Republic of Kazakhstan dated 26 October 2018 No. 436 (registered in the Register of State Registration of Normative Legal Acts No. 17741) (hereinafter - Subsidization Rules).

Chapter 2. Subject of the contract

      2. Under this subsidy agreement, the Working Body undertakes, on the terms determined by the agreement, to subsidize the Borrower's costs of paying the interest rate under a certain loan agreement, with the support of the Financial Institute, within the amount of money allocated under the relevant budget program, in accordance with the Borrower's subsidy schedule (in accordance with the decision of the Working Body) (hereinafter - the subsidy schedule) in the form in accordance with the appendix to this agreement.

Chapter 3. Rights and obligations of the parties

      3. The working body undertakes:

      1) consider within 2 (two) working days from the date of receipt of an application for subsidies from the Financial Institute;

      2) check its compliance with the conditions for obtaining subsidies provided for by the Subsidy Rules and check the amount of the subsidy application to the subsidy schedules of the Borrowers in accordance with the subsidy agreement;

      3) according to the application for subsidies, monthly transfers by advance payment to a special bank account of the Financial Institute the subsidized part of the interest rate, in the month, the previous month in which the next payment of subsidies is made;

      4) if the application for subsidizing meets the requirements of the Subsidy Rules, form and send invoices for payment to the Treasury authorities for transferring subsidies to the bank account of the Financial Institute;

      5) in case of non-compliance of the application for subsidies, inform the Financial Institution about the refusal to issue subsidies.

      4. The financial institution undertakes:

      1) monthly form and send to the Working body an application for subsidies;

      2) in case of delay by the Borrower of obligations to repay the principal debt and remuneration and for other events specified in the Subsidy Rules, within 5 (five) business days from the date of detection of events, inform the Working Body about this;

      3) in the event of a change in the terms of the current loan agreement (interest rate, timing of remuneration payment, provision of a deferral for the payment of the principal debt and (or) remuneration), send a notification to the Working Body with a copy of the decision made to change the financing conditions, an updated schedule of repayment of the principal debt, remuneration and amount of subsidies.

      5. The borrower undertakes:

      1) comply with the conditions of subsidizing established by the Rules for subsidizing;

      2) not to allow subsidizing the interest rate under the loan agreement under other state and budget programs.

Chapter 4. Liability of the parties

      6. The parties to this agreement are responsible for non-performance and (or) improper performance of obligations arising from this subsidy agreement, in accordance with this subsidy agreement and the laws of the Republic of Kazakhstan.

Chapter 5. Force majeure circumstances

      7. The parties are exempt from liability for non-performance or improper performance of their obligations under this subsidy agreement, if the impossibility of performance was the result of force majeure circumstances.

      8. In the event of force majeure circumstances, the Party, for which it became impossible to fulfill its obligations under this subsidy agreement, must promptly notify the other Party of such circumstances within 10 (ten) business days from the moment of their occurrence. In this case, the nature, period of validity, the fact of the occurrence of force majeure circumstances must be confirmed by the relevant documents of the authorized state bodies.

      9. In the absence of timely notification, the Party is obliged to compensate the other Party for the damage caused by failure to notify or untimely notification.

      10. The onset of force majeure circumstances entails an increase in the term of performance of this agreement for the period of their validity.

      11. If such circumstances continue for more than 3 (three) months in a row, then either Party has the right to refuse further fulfillment of obligations under this subsidy agreement.

Chapter 6. Final Provisions

      12. Correspondence is considered to be duly submitted or directed when it is properly executed (correspondence is considered to be duly completed when it is presented on a letterhead or sealed (if any), signed by the manager and has a registration number, date), delivered personally, delivered by mail (registered mail with notification) or courier service to the address of the participating Party.

      13. This agreement provides for the possibility of a working body to unilaterally terminate it in the following cases:

      1) the presence in the agreement of unfulfilled obligations by the borrower to repay the principal debt and (or) remuneration for more than 90 (ninety) calendar days;

      2) misuse of funds under a loan agreement;

      3) seizure of the borrower's accounts by a court decision that has entered into legal force;

      4) a written application in any form of the borrower to refuse to receive subsidies;

      5) full repayment by the borrower of obligations to the financial institution under the loan agreement;

      6) termination or termination of the loan agreement.

      14. The parties must make every effort to resolve in the process of direct negotiations all differences or disputes arising between them under the contract or in connection with it. If, after such negotiations, the Parties are unable to resolve the dispute under the subsidy agreement, either Party may demand that this issue be resolved in a judicial proceeding established by the civil procedural legislation of the Republic of Kazakhstan.

      15. This subsidy agreement comes into force from the date of signing by the authorized representatives of all Parties and is valid until the end of the loan agreement in accordance with the subsidy schedule.

      16. In the part not settled by the agreement, the Parties shall resolve disputes in court.

      17. This agreement is drawn up in 6 (six) copies in the state and Russian languages, having the same legal force, 2 (two) copies, one in the state and Russian languages for each of the Parties.

      18. Appendix to this agreement of subsidies are its integral part.

      19. Addresses, bank details, signatures of the Parties:

Working body:

Borrower

Financial Institute:

  Application
  to the Subsidy Agreement
  remuneration rates
  The form

Borrower's Subsidy Schedule

      (according to the decision of the Working Body) No. ___ dated "___" ___________ 20 ___

      Borrower name: ____________________________

      Number, date of conclusion: _____________________________________________

      Purpose of the loan / leasing: ___________________________________

      Loan agreement amount, tenge: ______________________________________

      Loan agreement amount: currency: tenge,

      KZT________________________________________________________________

      The term for repayment of the principal debt under the loan agreement: ___________________

      Remuneration rate,% General:

      ____________________________________________________________

      Subsidized: ______________________________________________________

      Paid by the borrower: __________________________

      Amount of remuneration for the entire term of the loan agreement, tenge Total:

      ____________________________________________________________

      Subsidized: ______________________________________________________

      Paid by the borrower:

year

month

Maturity date of the interest rate according to the schedule of the loan agreement

Total amount of remuneration, tenge

The amount of the part of the interest rate paid by the state (subsidized), tenge

The amount of the part of the interest rate paid by the borrower, tenge

























total






      Working body __________ ______________________________________

      signature (surname, name, patronymic (if any)

      Borrower ___________ ______________________________________________

      signature surname, name, patronymic (if any)

      Financial institution __________ __________________________________________

      signature (surname, name, patronymic (if any)

  Attachment 5
  to the Subsidization Rules
  interest rates at lending to entities
  agro-industrial complex, as well as leasing
  for purchase farm animals, machinery
  and technological equipment

State service standard "Subsidizing interest rates for lending to agricultural entities, as well as leasing for the purchase of farm animals, machinery and technological equipment"

1

Service Provider Name

Local executive bodies of regions, the cities of Nur-Sultan, Almaty and Shymkent (hereinafter referred to as the service provider).

2

Methods of providing public services (access channels)

Applications are accepted and the results of the provision of public services are issued through the e-government web portal www.egov.kz (hereinafter referred to as the portal) or by the non-profit joint stock company State Corporation “Government for Citizens” (hereinafter referred to as the State Corporation).

3

The term for the provision of public services

from the moment of delivery of the package of documents:
on the portal - 10 (ten) working days;
to the State Corporation - 15 (fifteen ) working days.

4

Public service delivery form

Electric
Paper

5

The result of the provision of public services

Notification of transfer of subsidies in the form in accordance with Appendix 6 to these Rules, or notification of refusal to provide public services in the form in accordance with Appendix 7 to these Rules.
The form for presenting the result of the provision of public services - eleктронная.

6

The amount of payment charged from the service recipient when rendering a public service, and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

Free

7

Schedule

1) the portal - around the clock, with the exception of technical breaks related to repair work (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the Labor Code of the Republic of Kazakhstan dated November 23, 2015 (hereinafter - the Code), accepting applications and issuing the results of the provision of public services are carried out on the next working day);
2) State Corporation - from Monday to Saturday inclusive, in accordance with the work schedule from 9.00 to 20.00 without a lunch break, with the exception of weekends and holidays in accordance with the Code;
The public service is provided in the order of an "electronic" queue, at the location of the subsidized object without accelerated service, it is possible to book an electronic queue through the web portal of "electronic government";
3) the service provider - from Monday to Friday, inclusive, from 9.00 to 17.30, with a lunch break from 13.00 to 14.30, excluding weekends and holidays according to the Code.
The addresses of the provision of public services are posted on:
1) the Internet resource of the respective service provider;
2) the Internet resource of the Ministry:

8

List of documents required for the provision of public services

a proposal in the form of an electronic document certified by the electronic digital signature of the borrower (service recipient) and the financial institution in the form in accordance with Appendix 1 to these Rules.
Confirmation of the acceptance of the proposal is the corresponding status in the "personal account" of the borrower (service recipient) in the information system of subsidies on the acceptance of the request for the provision of public services;
to the State Corporation (in the case of an appeal by a representative by power of attorney for a legal entity under a document confirming powers, for an individual by a notarized power of attorney or another document confirming his powers):
1) proposals with a copy of the loan agreement with a repayment schedule in the form in accordance with Appendix 1 to these Rules;
2) the draft of the updated repayment schedule with calculations of the subsidized or non-subsidized parts of the remuneration rate (with the calculations of the subsidized or non-subsidized parts of the rate is sent to the working body (service provider));
3) an extract from the loan account of the borrower (service recipient) on obtaining a loan (for second-tier banks) or a document confirming the transfer of the loan / transfer of the leased asset.

9

Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan

1) establishment of the inaccuracy of the documents submitted by the borrower (service recipient) for receiving public services, and (or) the data (information) contained therein;
2) inconsistency of the borrower (service recipient) and (or) the presented materials, objects, data and information required for the provision of public services, the requirements established in accordance with the Rules for subsidizing interest rates when lending to entities of the agro-industrial complex, as well as leasing for the purchase of farm animals, equipment and technological equipment, approved by the order of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Agriculture of the Republic of Kazakhstan dated October 26, 2018 No. 436 (registered in the Register of State Registration of Regulatory Legal Acts No. 17741).

10

Other requirements, taking into account the specifics of the provision of public services, including those provided in electronic form

The borrower (service recipient) has the ability to receive public services in electronic form through the portal, subject to the availability of an EDS.
The borrower (service recipient) has the ability to obtain information on the procedure for the provision of public services in the remote access mode through a "personal account" on the portal, or through the Unified Contact Center.
Contact numbers of reference services on the provision of public services are indicated on the portal. Unified contact center: 1414.

  Attachment 6
  to the Subsidization Rules
  interest rates at lending to entities
  agro-industrial complex, as well as leasing
  for purchase farm animals, machinery
  and technological equipment
  The form

Subsidy transfer notification

      Dear ________________________________________________

      (name of the borrower)

      At your request No. ________ dated "__" _______ 20__, a state service was provided and

      we notify about the transfer to your current account No. __________ of the subsidy amount in

      in the amount of _________ tenge with an invoice for payment dated "__" ___________ 20__.

  Attachment 7
  to the Subsidization Rules
  interest rates at lending to entities
  agro-industrial complex, as well as leasing
  for purchase farm animals, machinery
  and technological equipment
  The form

Notification of refusal to provide public services

      Dear ________________________________________________

      (name of the borrower)

      According to your application No. __________ dated "__" _________ 20___ in the provision of

      public service was denied due to:

      ____________________________________________________________________.

  Attachment 8
  to the Subsidization Rules
  interest rates at lending to entities
  agro-industrial complex, as well as leasing
  for purchase farm animals, machinery
  and technological equipment
  The form

Report on the disbursement of funds issued under the Priority Projects Lending Facility for the period from ____________ to __________

      Reporting period ___ month 20___ year

      Index: Form No.

      Frequency: monthly / quarterly

      The circle of persons representing: financial institutions, Joint Stock Company "Entrepreneurship Development Fund" Damu "

      Where is represented: Joint Stock Company "Entrepreneurship Development Fund" Damu ", Ministry of National Economy of the Republic of Kazakhstan

      Submission deadline: Financial institution on a monthly basis during the validity period of the Lending Mechanism for Priority Projects approved by the Government of the Republic of Kazakhstan dated December 11, 2018 No. 820 "On some issues of ensuring long-term tenge liquidity to solve the problem of affordable lending" (hereinafter - the Mechanism) no later than the 20th day of the month following the reporting period, submits to the Damu Entrepreneurship Development Fund Joint Stock Company, the Ministry of National Economy of the Republic of Kazakhstan, on a quarterly basis no later than the 20th day of the second month following the reporting period


№ п/п

bank

region

Name of the Borrower by region of the Republic of Kazakhstan

Legal status (LLP, IE, PF, PC)

date of issue

Loan term, months

Loan amount

Loan amount approved from the Facility

1

2

3

4

5

6

7

8

9



















      To be continued

Loan amount approved at the expense of the Bank

Actual disbursement amount

Actual disbursement against the Mechanism

The amount of the actual issue at the expense of the Bank

Grace period for principal repayment

Grace period for payment of remuneration

Loan interest rate

Effective interest rate on the loan

Объект кредитования

10

11

12

13

14

15

16

17

18



















      To be continued

Purpose of borrowed funds (indicating the name and amount of each direction of borrowed funds)

Place of implementation (district, city)

Section on GCEA

Four-digit class according to GCEA

Количество новых рабочих мест, создаваемых за счет реализации проекта

Decision number of the Authorized body of STB

Date of the decision of the Authorized body of STB

The planned amount of tax payments per year (when reaching the maximum design capacity), million tenge (based on the business plan)

The planned amount of revenue per year (when reaching the maximum design capacity), million tenge (based on the business plan)

Bank Loan Agreement / Credit Line Agreement Number

date of the Bank Loan Agreement / Credit Line Agreement

IIN / BIN of the Borrower

19

20

21

22

23

24

25

26

27

28

29

30

























      To be continued

Participation in the State Business Support and Development Program "Business Road Map" (yes / no)

Referral within the Mechanism *

Private enterprise category (Small Business / Medium Business / Large Business)

Compliance of the subject of the agro-industrial complex with the terms of the Program / Mechanism (corresponds / does not correspond)

Compliance of the project of the subject of the agro-industrial complex with the conditions of the Program / Mechanism (corresponds / does not correspond)

31

32

33

34

35











      Note: decoding of abbreviations:

      LLP - limited liability partnership;

      IE - individual entrepreneur;

      PF - peasant farm;

      PC - production cooperative;

      IIN - individual identification number;

      BIN - business identification number;

      GCEA - general classifier of economic activities;

      STB - second-tier bank;

      Agroindustrial complex is an agro-industrial complex.

  Attachment 9
  to the Subsidization Rules
  interest rates at lending to entities
  agro-industrial complex, as well as leasing
  for purchase farm animals, machinery
  and technological equipment
  The form

Report on the actual use of subsidies under loan agreements issued under the Priority Projects Lending Facility

      for ____ quarter 20___ year

      Reporting period ___ quarter of 20___ year

      Index: Form No.

      Frequency: quarterly

      Circle of persons representing: Ministry of Agriculture of the Republic of Kazakhstan

      Where is represented: Ministry of National Economy of the Republic of Kazakhstan

      Submission deadline: The Ministry of Agriculture of the Republic of Kazakhstan submits to the Ministry of National Economy of the Republic of Kazakhstan on a quarterly basis by the 20th day of the month following the reporting

№ п/п

Borrower name

IIN / BIN

Number and date of the loan agreement

Loan agreement amount, tenge

In total, subsidies are provided for the entire term of the loan agreement, tenge

Total subsidies listed, tenge

Working body

Financial institution to the borrower

total

including for the reporting period

Total

including for the reporting period

1

2

3

4

5

6

7

8

9

10












Итого:









      To be continued

Deviation (+, -) (+) overpayment, (-) shortage, tenge

Return of unused subsidies to the working body (fact), tenge

The balance of subsidies on a special account of a financial institution (column 11 - column 13), tenge

Four-digit class according to GCEA

Total (column 7 - column 9)

including for the reporting period (column 8 - column 10)

11

12

13

14

15






















      Responsible person of the Ministry of Agriculture of the Republic of Kazakhstan

      _________________________________________________________________________

      (signature, last name, first name, patronymic (if any))

      Note: decoding of abbreviations:

      IIN - individual identification number;

      BIN - business identification number;

      GCEA is a general classifier of types of economic activity.

  Attachment 10
  to the Subsidization Rules
  interest rates at lending to entities
  agro-industrial complex, as well as leasing
  for purchase farm animals, machinery
  and technological equipment
  The form

Report on the actual use of subsidies

      Reporting period ___ quarter of 20___ year

      Index: Form No.

      Frequency: quarterly, annual

      Circle of persons representing: financial institutions, working body

      Where is represented: working body, Ministry of Agriculture of the Republic of Kazakhstan

      Submission deadline: The financial institution submits to the working body on a quarterly basis, by the 20th day of the month following the reporting period, based on the results of the year (information as of January 1 of the next year) by the 25th day of the month following the reporting period, the working body submits to the Ministry of Agriculture of the Republic of Kazakhstan quarterly by the 30th day of the month following the reporting period, based on the results of the year (information as of January 1 of the next year) by the 30th day of the month following the reporting period

№ п/п

Borrower name

IIN / BIN

Number and date of the loan agreement

Loan agreement amount, tenge

In total, subsidies are provided for the entire term of the loan agreement, tenge

Total subsidies listed, tenge

Working body

Financial institution to the borrower

total

including for the reporting period

Total

including for the reporting period

1

2

3

4

5

6

7

8

9

10












total









      To be continued

Deviation (+, -) (+) overpayment, (-) shortage, tenge

Return of unused subsidies to the working body (fact), tenge

The balance of subsidies on a special account of a financial institution (column 11 - column 13), tenge

Four-digit class according to GCEA

Total (column 7 - column 9)

including for the reporting period (column 8 - column 10)

11

12

13

14

15





















      Note: decoding of abbreviations:

      IIN - individual identification number;

      BIN - business identification number.


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