On approval of the Rules for accounting of the accepted financial collateral

New Unofficial translation

Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated September 2, 2021 № 352. Registered in the Ministry of Justice of the Republic of Kazakhstan on September 6, 2021 № 24234

      Unofficial translation

      In accordance with paragraph 15 of Article 147 of the Environmental Code of the Republic of Kazakhstan, I HEREBY ORDER:

      1. To approve the attached Rules for accounting of the accepted financial collateral.

      2. The Committee for Environmental Regulation and Control of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to ensure:

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

      2) placement of this order on the Internet resource of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan after its official publication;

      3) within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, submission of information to the Legal Service Department of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan on the execution of the measures provided for in subparagraphs 1) and 2) of this paragraph.

      3. To impose control over the execution of this order on the supervising vice minister of ecology, geology and natural resources of the Republic of Kazakhstan.

      4. This order comes into force ten calendar days after the day of its first official publication.

      Minister of ecology,
geology and natural resources of the
Republic of Kazakhstan M. Mirzagaliyev

      "AGREED"
Agency of the Republic of Kazakhstan for
regulation and development of
financial market

      "AGREED"
Ministry of industry and infrastructure development of the
Republic of Kazakhstan

      "AGREED"
Ministry of national economy of the
Republic of Kazakhstan

      "AGREED"
Ministry of finance of the
Republic of Kazakhstan

      "AGREED"
Ministry of energy of the
Republic of Kazakhstan

  Approved by the order of the
Minister of ecology, geology and natural
resources of the Republic of Kazakhstan
dated September 2, 2021 № 352

The Rules for accounting of the accepted financial collateral

Chapter 1. General provisions

      1. These Rules for accounting of the accepted financial collateral (hereinafter referred to as the Rules) are developed in accordance with paragraph 15 of Article 147 of the Environmental Code of the Republic of Kazakhstan and determine the procedure for accounting of financial collateral, accepted by the authorized body in the field of environmental protection (hereinafter referred to as the authorized body) for fulfillment of obligations to eliminate the consequences of operation of the objects of category I.

      2. Accounting of the accepted financial collateral is carried out by maintaining a register of financial collateral for fulfillment of obligations to eliminate the consequences of the operation of an object of category I in accordance with the appendix to these Rules (hereinafter referred to as the register).

Chapter 2.
Procedure for accounting of the financial collateral, accepted by the authorized body in the
field of environmental protection for fulfillment of obligations to eliminate the consequences
of the operation of objects of category I

      3. The register is maintained in electronic form and (or) on paper.

      4. For each object of category I, a separate section is created in the register.

      In the case of maintaining the register on paper, at the end of each line, the responsible person of the authorized body puts his signature.

      5. The primary entry upon acceptance of financial collateral by the authorized body in full for the relevant object of category I is made in the register no later than the working day following the day of acceptance of the financial collateral.

      6. Records of the changes made, containing information on previously accepted financial collateral, are entered in the appropriate columns of the register no later than the working day following the day of acceptance of the amended financial collateral.

      7. An entry about the new financial collateral is made in the appropriate columns of the register not later than the working day following the day of acceptance of the new financial collateral (instead of the previous one).

      8. Upon completion by the operator of an object of category I of all works and measures to eliminate the consequences of its operation, the previously accepted financial collateral is subject to return to such an operator, and a corresponding entry is made in the register.

      9. When applying to the authorized body for financial collateral, an entry on the foreclosure is made in the register indicating the date and amount of the foreclosure.

      10. The authorized body ensures the permanent storage of the originals of the accepted financial collateral until the complete termination of the obligation to eliminate the consequences of the operation of objects of category I.

      11. Copies of the accepted financial collateral are kept by the authorized body for three years from the date of termination of the obligation to eliminate the consequences of the operation of an object of category I.

      At the written request of the operator of the object of category I (the person who completed the operation of the object of category I and duly fulfilled the obligation to eliminate the consequences of the operation of the object of category I) and (or) the organization that issued the financial collateral, the authorized body within ten working days provides a written confirmation of the record in the register of information on the termination of the obligation to eliminate the consequences of the operation of an object of category I.

      12. The register is subject to mandatory publication on the Internet resource of the authorized body. The register is updated quarterly.

  Appendix
to the Rules for accounting of the
accepted financial collateral

Register of financial collateral for fulfillment of obligations to eliminate the consequences of operation of an object of category I

Registration number

Date of entry

Surname, name and patronymic (if any) or the name of the legal entity - the operator of the object of category I

Name of the object of category I, financial collateral for liquidation of the consequences of the operation of which is provided

Date of putting the object of category I into operation

Estimated term (year) of completion of the operation of the object of category I

Type(s) of financial collateral

Name of the organization that issued the financial collateral - guarantor, bank, insurer, mortgagor

Number and date of financial collateral

1

2

3

4

5

6

7

8

9

10











      Continuation of the table

Period of validity of the financial collateral

The total amount of financial security calculated in accordance with the methodology
determining the amount of financial collateral for the fulfillment of obligations to eliminate the consequences of the operation of an object of category I in accordance with paragraph 9 of Article 147 of the Environmental Code of the Republic of Kazakhstan
 

Amount covered by financial collateral

A note on the recovery of the amount of collateral

Date of collection of the collateral amount

Share of financial collateral in the form of a bank deposit, %
 

A note on termination of the obligation to eliminate the consequences of the operation of an object of category I
 

Date of termination of the obligation to eliminate the consequences of the operation of an object of category I
 

Surname, name, patronymic (if any) of the responsible person

11

12

13

14

15

16

17

18

19











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