Unofficial translation
Footnote. Abolished by the Decree of the Government of the Republic of Kazakhstan dated October 4, 2021 No. 703 (it is put into effect after ten calendar days after the date of its first official publication).In accordance with the Decree of the President of the Republic of Kazakhstan dated August 12, 2010 no.1037 "On the issues of preparing information about the execution of international treaties of the Republic of Kazakhstan and submitting it for consideration by the President of the Republic of Kazakhstan, as well as coordination of draft decisions of international organizations to which the Republic of Kazakhstan is a member, and their implementation, preparation of international events of the Republic of Kazakhstan with the participation of the President of the Republic of Kazakhstan, implementation of the agreements reached, interaction with international judicial bodies and coordination of international activities of state bodies of the Republic of Kazakhstan" the Government of the Republic of Kazakhstan HEREBY DECREES:
1. To approve the attached Rules for interaction of the central executive state bodies of the Republic of Kazakhstan, state bodies of the Republic of Kazakhstan directly subordinated and accountable to the President of the Republic of Kazakhstan, with the Eurasian Economic Commission.
2. This decree shall come into force upon expiry of ten calendar days after the date of its first official publication.
| Prime Minister | |
| of the Republic of Kazakhstan | К. Massimov |
| Approved by decree of the Government of the Republic of Kazakhstan dated May 5, 2016 no.279 |
Rules
for interaction of the central executive state bodies of the Republic of Kazakhstan, state
bodies of the Republic of Kazakhstan directly subordinated and accountable to the President
of the Republic of Kazakhstan, with the Eurasian Economic Commission
1. General provisions
1. These Rules for interaction of the central executive state bodies of the Republic of Kazakhstan, state bodies of the Republic of Kazakhstan directly subordinated and accountable to the President of the Republic of Kazakhstan, with the Eurasian Economic Commission, (hereinafter referred to as the Rules) shall determine the procedure of interaction of central executive state bodies of the Republic of Kazakhstan, state bodies of the Republic of Kazakhstan, directly subordinated and accountable to the President of the Republic of Kazakhstan (hereinafter referred to as the state bodies), with the Eurasian Economic Commission (hereinafter referred to as the Commission), established in accordance with the Treaty on the Eurasian Economic Union dated May 29, 2014 (hereinafter referred to as the Treaty on the EEU).
2. interaction of state bodies with the Commission shall be carried out in accordance with the Treaty on the EEU, the Regulations on work of the Commission, approved by the Decision of the Supreme Eurasian Economic Council dated December 23, 2014 no.98 (hereinafter referred to as the Regulations of the Commission), the Decree of the President of the Republic of Kazakhstan dated August 12, 2010 no.1037 "On the issues of preparing information about the execution of international treaties of the Republic of Kazakhstan and submitting it for consideration by the President of the Republic of Kazakhstan, as well as coordination of draft decisions of international organizations to which the Republic of Kazakhstan is a member, and their implementation, preparation of international events of the Republic of Kazakhstan with the participation of the President of the Republic of Kazakhstan, implementation of the agreements reached, interaction with international judicial bodies and coordination of international activities of state bodies of the Republic of Kazakhstan", these Rules, and other normative legal acts of the Republic of Kazakhstan.
3. When carrying out interaction with the Commission, state bodies within their competence shall carry out their activity in the following areas:
1) preparation and coordination of proposals for the formation of the position of the Kazakhstan party on issues requiring consideration by the Commission;
2) determination of authorized representatives for inclusion in advisory bodies, working (expert) groups under the Commission;
3) preparation of proposals for the cancellation or amendment of decisions of the Commission that have not entered into force in accordance with the Treaty on the EEU;
4) preparation on coordination with the Ministry of National Economy of the Republic of Kazakhstan (hereinafter referred to as the authorized body), Ministry of Foreign Affairs of the Republic of Kazakhstan of international events with participation of the member states and the Commission;
5) conducting a financial feasibility study for draft decisions of the Commission;
6) other matters, falling within the competence of the Commission:
preparation of proposals for the formation of the position of the Kazakh side on draft decisions of the Commission, including the domestic approval of draft decisions;
consideration of draft decisions of the Commission at meetings of the relevant governmental and interagency coordination and advisory bodies of the Republic of Kazakhstan (hereinafter referred to as the advisory bodies);
7) submission through diplomatic channels of information, statistics and other materials at the request of the Commission after agreement with the authorized body in accordance with the procedure, established by paragraphs 7, 8, 9, 10, 11 of these Rules;
8) coordination of draft decisions of the Commission;
9) holding consultations and participating in sessions and meetings of departments of the Commission or under the guidance of members of the Commission on matters falling within the competence of the Commission;
10) monitoring and analysis of the decisions of the Commission made, in accordance with the procedure, established by paragraphs 18, 19 of these Rules;
11) sending official position of the state body to the materials of meetings of the Commission to the authorized body;
12) other forms of interaction under the Treaty on the EEU and (or) international treaties ratified by the Republic of Kazakhstan.
4. Draft decisions of the Commission, concerning the interests of the private entrepreneurs shall be subject to coordination with the National Chamber of Entrepreneurs "Atameken" of the Republic of Kazakhstan (hereinafter referred to as the NCE) within the framework of the assessment of regulatory impact in accordance with the Treaty on the EEU.
5. The authorized body shall carry out coordination of activities of state bodies on interaction with the Commission, including by:
1) sending of materials to the meetings of the Commission to the concerned state bodies;
2) formation of position of the Kazakhstan Party, agreed with the concerned state bodies, on the issues, requiring consideration within the framework of meetings of the Commission;
3) coordination of proposals of state bodies on cancellation or changing the decisions of the Commission;
4) sending to the Commission of proposals on authorized representatives for inclusion into the composition of the advisory bodies and working (expert) groups under the Commission;
5) sending of proposals and notes of the Kazakhstan Party to the materials of the meetings of the Commission;
6) sending to the Commission of official proposals and (or) requests of state bodies, as well as responses to the requests of the Commission.
6. These Rules shall not regulate the procedure for performance of expert examination of draft international treaties of the Republic of Kazakhstan.
2. Procedure of information exchange between the state bodies with the Commission
7. Requests of the Commission signed by the Chairman of the Board or a member of the Board of the Commission, in accordance with paragraph 8 of Annex 1 to the Treaty on the EEU (hereinafter referred to as the requests of the Commission), submitted to the Government of the Republic of Kazakhstan, shall be sent by the Office of the Prime Minister of the Republic of Kazakhstan to the state bodies in accordance with the areas of their competence, as well as to the NCE within 5 (five) working days from the date of receipt.
Responses to the requests of the Commission shall be sent to the authorized body within 7 (seven) working days from the date of receipt.
The official proposal and (or) request of the state body shall be sent to the authorized body.
The authorized body shall, within its competence, consider the official proposal and (or) request of the state bodies, sent by the state body to the Commission, as well as responses to the requests of the Commission with respect to the compliance with the international treaties and acts, constituting the law of the Eurasian Economic Union (hereinafter referred to as the EEU), with the legislation of the Republic of Kazakhstan, as well as with the economic interests of the Republic of Kazakhstan and in case of agreement, within 5 (five) working days upon receipt of an original letter of the state body shall send it to the Ministry of Foreign Affairs of the Republic of Kazakhstan.
In case of inconsistency of the submitted proposal and (or) the request of the state body with the answers to the requests of the Commission, the authorized body within 5 (five) working days from the date of receipt of the original letter of the state body, shall ensure sending the relevant comments to the state body for revision indicating the inconsistency with international treaties and acts constituting the law of the EEU, the legislation of the Republic of Kazakhstan, as well as the economic interests of the Republic of Kazakhstan.
If the state body agrees with the comments submitted by the authorized body, based on the results of completion within 3 (three) working days from the day they were received from the authorized body, the state body shall repeatedly submit an official proposal and (or) request, as well as responses to requests of the Commission in authorized body.
In case of disagreement of the state body with the comments submitted by the authorized body, the state body shall ensure consideration of this issue in accordance with the procedure, established by paragraph 28 of these Rules.
8. The Ministry of Foreign Affairs of the Republic of Kazakhstan shall, within 5 (five) working days from the date of receipt of the original cover letter from the authorized body with the proposal of redirecting to the address of the Commission of a relevant official proposal and (or) request shall ensure its sending to the Commission through diplomatic channels.
9. When receiving a request from the Commission, the state body shall ensure the provision of the requested information provided that this information does not contain information, classified as the state secrets or other protected secret in accordance with the legislation of the Republic of Kazakhstan, unless as otherwise is provided by the international treaties ratified by the Republic of Kazakhstan.
If there is a disagreement in the development of an agreed Kazakhstan position for further consideration, the state body, responding to a request from the Commission, shall inform the Commission officially of the impossibility of sending the position of the Kazakh side within the prescribed period, as well as shall inform the Commission of the term for preparing the position, which cannot exceed 45 (forty five) calendar days from the date of receipt of the request of the Commission.
Official informing of the Commission on impossibility of sending the position to the Kazakhstan party within the established period shall be carried out through the authorized body. The authorized body shall, within 3 (three) working days from the date of receipt of a corresponding request from the state body shall send it to the Ministry of Foreign Affairs of the Republic of Kazakhstan for subsequent redirecting to the Commission in accordance with paragraph 8 of these Rules.
10. The state body shall determine, within its competence, the scope and content of the provided information.
11. the official proposal and (or) request of the state body, as well as the responses to the requests of the Commission shall be sent to the Commission in the working language of the EEU bodies.
3. Procedure of interaction of the authorized body with the concerned state bodies
12. State bodies shall determine the responsible official at a level not lower than the deputy head of the state body for interaction with the authorized body, as well as shall provide the authorized body with the official email address and other contact information of the state body for operational correspondence with the authorized body on the functioning of the EEU.
13. The agenda of the meetings of the Board of the Commission and the materials attached thereto, as well as materials of the meetings of advisory committees, working (expert) groups, received by the Government of the Republic of Kazakhstan, shall be sent by the Office of the Prime Minister of the Republic of Kazakhstan to state bodies in accordance with their maintenance, as well as to the NCE within 5 (five) working days from the date of their receipt.
14. The state body within its competence shall:
1) consider the agenda of the meeting of the Board of the Commission, the materials attached to it and within 8 (eight) working days from the date of their receipt shall send the official position of the state body to the authorized body.
The official position of the state body should contain the comments (proposals) of the state body, the financial and economic justification for the draft decisions of the Commission, containing a description of the economic effect of the Republic of Kazakhstan on the implementation of the Commission's decision, an assessment of the impact of the implementation of the decision on budget revenues and expenses of Republic of Kazakhstan, assessment of other consequences of adoption, implementation of the draft decision of the Commission (in relation to legal entities and individuals), as well as conclusions and expected results.
Financial feasibility study should be based on the performed financial, economic and (or) statistical analysis.
When preparing financial feasibility studies, it is necessary to take into account the presence of a positive and negative effect of the proposed draft decision of the Commission for the Republic of Kazakhstan, including for certain areas of the economy.
In the absence of complete data for the calculation of certain categories of budget revenues and expenditures, it shall be allowed to provide in the financial feasibility study a comparative assessment of the planned changes, determination of the timing and probability of the occurrence of events for the implementation of which the draft decision of the Commission is directed.
If there are circumstances that prevent the official position from being sent within the prescribed period, the state body shall inform the authorized body not later than 1 (one) working day before the expiration of the specified period about the postponement of their direction or the need to postpone consideration of the relevant issue on the agenda of the meeting of the Board of the Commission indicating the reasons, preventing its timely consideration.
The authorized body shall have the right not to take into account the official position of the state body on the agenda of the meeting of the Board of the Commission, received later than 6 (six) days prior to the date of the meeting of the Board of the Commission.
2) consider materials of meetings of advisory bodies under the Board of the Commission, working (expert) groups and within 10 (ten) working days from the date of their receipt, shall send an official position to the authorized body for subsequent redirecting to the Commission through the Ministry of Foreign Affairs of the Republic of Kazakhstan in compliance with paragraph 8 of these Rules.
15. The authorized body within 5 (five) working days from the date of receipt of the provided position of the state body shall have the right to demand from the state body additionally modified position, for the purposes of formation of the final position on the agenda of the meeting of the Board of the Commission and directing it with the consent of the Representative of the Republic of Kazakhstan in the Council of the Commission to the Ministry of Foreign Affairs of the Republic of Kazakhstan for subsequent redirecting to the Commission in accordance with paragraph 8 of these Rules.
16. Comments and suggestions to the materials of the meetings of the Board of the Commission, advisory bodies, working (expert) groups attached to the Commission, addressed to the authorized body, signed by the responsible official of the state body shall be the official position of the relevant state body.
17. For the purposes of assessment of the effect and impact of the Commission’s decisions on the socio-economic indicators of the Republic of Kazakhstan by sectors of the economy, indicating the prospects and possible risks of the implementation of these acts of the Commission, interested state bodies within their competence shall be provided with ongoing monitoring and analysis of the adopted Commission decisions.
18. The results of the analysis and monitoring of decisions of the Commission shall be sent in the context of sectors of the economy by state bodies to the authorized body on a semi-annual basis, within the period of up to 10th day of the month following the reporting period.
The results of analysis and monitoring of decisions of the Commission of state bodies shall indicate:
1) the course of implementation of these acts (influence on social and economic indicators of the Republic of Kazakhstan in terms of branches of economy indicating perspectives and possible risks of implementation of these acts of the Commission);
2) performance of works on the harmonization of the national legislation;
3) when necessary, proposals on further improvement of these decisions of the Commission and (or) of the legislation of the Republic of Kazakhstan.
19. In case if the analysis and monitoring revealed that the decision of the Commission has or may in the future have a negative impact on the economic situation in the context of individual sectors of the economy, the interested state body shall prepare a proposal on cancellation or amendment of such an act in accordance with the procedure stipulated by paragraphs 20, 21, 22, 23, 24, 25 of these Rules.
4. Procedure of preparation and introduction of proposals on cancellation or amendment of the decisions of the Board of the Commission
20. In case if in the state body’s opinion, it is necessary to make a decision on cancellation or amendment of a decision of the Board of the Commission, which is not entered into force, the concerned state body shall prepare a proposal on cancellation or amendment of such decision in accordance with paragraph 30 of the Annex 1 to the Treaty on the EEU (hereinafter referred to as the proposal on cancellation or amendment of the decision of the Board of the Commission).
The proposal on cancellation or amendment of the decision of the Board of the Commission shall contain a justification for such a position, including an assessment of the extent of possible damage resulting from the implementation of this decision, as well as a draft amendment, or a draft decision to cancel the adopted decision of the Board of the Commission.
21. The proposal on cancellation or amendment of the decision of the Board of the Commission shall be sent by the state body that prepared it within 2 (two) working days from the date of publication of a relevant decision of the Board of the commission, and in respect of the decision of the Commission, adopted by the Board, related to the documents of restricted distribution - from the date of its adoption, but no later than 7 (seven) days from its effective date for consideration to the authorized body, the Ministry of Foreign Affairs of the Republic of Kazakhstan, the Ministry of Justice of the Republic of Kazakhstan and when necessary to other concerned state bodies.
22. The state bodies, specified in paragraph 21 of these Rules, within 2 (two) working days from the date of receipt of the proposal on cancellation or amendment of the decision of the Board of the Commission shall send its position to the state body that prepared this proposal.
23. In the event if upon expiration of 1 (one) working day from the date of the end of the term, specified in paragraph 22 of these Rules, the state body, prepared the proposal on cancellation or amendment of the decision of the Board of the Commission, has not received the position of the authorized body, the Ministry of Foreign Affairs of the Republic of Kazakhstan, the Ministry of Justice of the Republic of Kazakhstan or other concerned state bodies, then this proposal shall be considered agreed.
24. In case of coordination of the proposal on cancellation or amendment of the decision of the Commission by all concerned state bodies, the state body, prepared this proposal, shall send within 2 (two) working days to the authorized body a set of materials on this matter (draft decision of the Commission, reference materials with justifications) as well as the draft of relevant letter of the Representative of the Republic of Kazakhstan in the Council of the Commission to the Board of the Commission.
Upon receipt of the relevant materials referred to in this paragraph, the authorized body shall submit to the Representative of the Republic of Kazakhstan in the Council of the Commission a proposal to make a decision on the initiation of the procedure for canceling or changing the decision of the Board of the Commission.
In case if the term of entry into force of the decision of the Board of the Commission is less than the period established by the first item of paragraph 16 of the Annex 1 to the Treaty on the EEU, all actions, stipulated by paragraphs 20, 21, 22, 23, 24 of these Rules, shall be performed as soon as possible.
If the coordinating state body has objections to the proposal on cancellation or amendment of the decision of the Board of the Commission, the relations shall be regulated in accordance with paragraph 28 of these Rules.
25. In case if the Representative of the Republic of Kazakhstan in the Council of the Commission makes a decision to initiate the process of canceling or amending the decision of the Board of the Commission, he shall submit a proposal to the Board of the Commission in accordance with annex 1 to the Treaty on the EEU.
5. Procedure of preparation of initiative proposals of the Kazakhstan Party for consideration at the meetings of the Commission
26. State bodies, within their competence, on their own initiative and (or) in accordance with instructions of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, the Representative of the Republic of Kazakhstan in the Council of the Commission , shall prepare an initiative proposal for consideration at the meeting of the Commission in accordance with the Regulation of the Commission.
27. The state body, prepared the proposal, shall ensure its coordination with the concerned state bodies by sending the official position with inclusion of a set of documents in accordance with the Regulation of work of the Commission.
The period for approval of the proposal shall not exceed 7 (seven) working days from the date of receipt of the relevant proposal in concerned state bodies.
Compulsory coordinating state bodies shall be the authorized body, The Ministry of Foreign Affairs of the Republic of Kazakhstan, the Ministry of Justice of the Republic of Kazakhstan.
The Ministry of Foreign Affairs of the Republic of Kazakhstan shall coordinate the issues, related to the institutional basis and international activities of the EEU.
In case of coordination with all concerned state bodies, the state body that prepared the proposal shall ensure that it is sent to the authorized body for further submission to the meeting of the advisory body of the Republic of Kazakhstan on the issues of economic integration (hereinafter referred to as the Consultative and Advisory Body).
The set of documents and other materials submitted by the state body prepared the proposal to the authorized body must be initialed in full by the responsible official of the state body, the developer of the proposal and the person of the coordinating state body, which is responsible for interaction with the authorized body on the operation of the EEU.
28. If there are objections, the proposals shall be endorsed with comments, which are drawn up on the letterhead of the coordinating state body, signed by its responsible official and are attached to the agreed proposals (their copies).
If there are disagreements on the proposals, the responsible official of the state body that prepared the proposal, or a person substituting him in accordance with the procedure, established by law, shall ensure the discussion with the responsible officials of the coordinating state bodies in order to find a mutually acceptable decision, drawn up by the minutes.
By results of the discussion in case of impossibility to develop a mutually acceptable decision on existing disagreements, the state body- the developer shall send a proposal with disagreements together with the minutes of the consensus meeting to the authorized body for further bringing to the meeting of the Consultative and Advisory Body.
The authorized body shall bring for consideration a prepared proposal of the state body at the meeting of the Consultative and Advisory Body.
29. The proposal, coordinated with the concerned state bodies and approved at the meeting of the Consultative and Advisory Body, shall be sent by the state body, prepared this proposal to the authorized body for subsequent redirecting to the Commission through the Ministry of Foreign Affairs of the Republic of Kazakhstan in accordance with paragraph 8 of these Rules.
30. The authorized body shall inform the state body, prepared the proposal, and the Representative of the Republic of Kazakhstan in the Council of the Commission about the results of its consideration in the Commission.
6. The procedure for ensuring the activities of a representative of the Republic of Kazakhstan on the Council of the Commission
31. A draft agenda of the meeting of the Council of the Commission and materials attached thereto, submitted to the Representative of the Republic of Kazakhstan in the Council of the Commission for coordination in accordance with paragraph 16 of the Regulation of the Commission, shall be sent by the Office of the Prime Minister of the Republic of Kazakhstan for consideration and preparation of proposals to the authorized body, the Ministry of Justice of the Republic of Kazakhstan, the Ministry of Foreign Affairs of the Republic of Kazakhstan, the Ministry of Finance of the Republic of Kazakhstan, Ministry of Investment and Development of the Republic of Kazakhstan, as well as other state bodies in accordance with the areas of their competence and the NCE within 5 (five) working days from the date of their receipt.
32. The state body within 10 (ten) working days from the date of receipt of the draft agenda of the meeting of the Council of the Commission and materials attached to it, shall perform preparation of the official position of the state body for formation of general position of the Kazakhstan Party concerning the relevant issue, as well as consideration when necessary at the meeting of the Consultative and Advisory Body.
33. The approved agenda of the meeting of the Council of the Commission and materials attached to it, submitted to the Representative of the Republic of Kazakhstan in the Council of the Commission in accordance with paragraph 21 of the Regulation of the Commission, shall be sent for consideration, preparation and coordination of proposals for formation of the position of the Kazakhstan Party in accordance with the procedure stipulated by paragraph 31 of these Rules.
The state body shall ensure the preparation, coordination, as well as the sending of an official position for the formation of the common position of the Kazakhstan Party in the authorized body in accordance with these Rules no later than 5 (five) working days before the date of the meeting of the Council of the Commission.
The indicated dates may be reduced by the Representative of the Republic of Kazakhstan in the Council of the Commission following consideration at a meeting of the Consultative and Advisory Body.
34. The authorized body shall summarize the official positions of government bodies and provides for their consideration at a meeting of the Consultative and Advisory Body chaired by the Representative of the Republic of Kazakhstan in the Council of the Commission to form the final position of the Kazakhstan Party based on the materials of the meeting of the Council of the Commission.
35. Preparation of the proposal of the Representative of the Republic of Kazakhstan in the Council of the Commission to include in accordance with paragraph 26 of the annex 1 to the Treaty on the EEU the issue on the agenda of the meeting of the Council of the Commission, including the necessary materials, shall be carried out in accordance with the procedure, established by paragraphs 26, 27, 28, 29, 30 of these Rules.
36. The concerned state bodies shall ensure the participation of their representatives at the meeting of the Council of the Commission at least at the level of a deputy of a head of the state body.
After consultation with the Representative of the Republic of Kazakhstan in the Council of the Commission, the candidacy may be submitted at a lower level.
7. Procedure of determining the authorized representatives for inclusion to the composition of the Consultative bodies under the Board of the Commission
37. Submissions of the Board of the Commission on presentation of candidates of authorized representatives for formation of the consultative body under the Board of the Commission, received by the Government of the Republic of Kazakhstan, shall be sent by the Office of the Prime Minister of the Republic of Kazakhstan to the state bodies in accordance with the areas of their competence, as well as to the authorized body.
State bodies, which competence covers the issues included to the competence of the consultative body under the Board of the Commission, within 10 (ten) working days from the date of receipt of the mentioned submissions shall send to the authorized body a proposal on inclusion of its authorized representatives to the composition of the consultative body under the Board of the Commission.
38. The authorized representatives in the consultative body may be the persons, holding the positions in the state body of the Republic of Kazakhstan not lower than the head of a structural subdivision or his deputy.
The state body may also send proposals on inclusion of the representatives of business community, scientific and social organizations, other independent experts, possessing necessary qualification into the composition of the consultative body under the Board of the Commission on matters within the competence of an advisory body to the of the Board of the Commission.
39. Based on the submitted proposals on inclusion of the representatives of the Republic of Kazakhstan into the composition of the consultative body, the authorized body within 5 (five) working days from the date of submission to the authorized body of the last proposal shall form a composition of the authorized representatives of the concerned state bodies in the consultative body and shall send to the Ministry of Foreign Affairs of the Republic of Kazakhstan for subsequent redirecting to the Commission in accordance with paragraph 8 of these Rules.
8. Procedure of interaction of state bodies for the purposes of informing the Commission concerning the forms of notifications on industrial subsidies
40. In accordance with section IX of the Protocol on unified rules of provision of industrial subsidies of annex 28 to the Treaty on the EEU, the authorized body shall notify the member states of the EEU (hereinafter referred to as the member states) and the Commission:
1) annually, no later than December 1, about all subsidies planned for provision in the next year at the republican and local levels;
2) quarterly, no later than the 30th day of the month following the reporting quarter, on subsidies provided at the republican and local levels for the reporting quarter;
3) annually, no later than July 1 of the year following the reporting year, on subsidies provided at the republican and local levels for the reporting year.
41. The state bodies and organizations specified in annex 1 to these Rules shall fill in the forms of notifications on industrial subsidies according to annexes 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 to these Rules and shall ensure their timely submission to the authorized body:
1) annually, no later than October 1, notifications of all subsidies planned to be provided next year at the republican and local levels;
2) quarterly, no later than the 15th day of the month following the reporting quarter, notifications of subsidies provided at the republican and local levels for the reporting quarter;
3) annually, no later than May 1 following the reporting year, notifications of subsidies provided at the republican and local levels for the reporting year.
42. The authorized body shall send to the Ministry of Finance of the Republic of Kazakhstan a request on the scopes of financial resources planned for provision in the next year at the republican and local levels.
43. The Ministry of Finance of the Republic of Kazakhstan shall send to the authorized body information about financial resources, planned for provision in the next year at the republican and local levels, within the time limits, stipulated by sub-clause 1) of paragraph 41 of these Rules.
44. The authorized body shall bring for consideration at the meeting of the Consultative and Advisory Body the notifications on industrial subsidies for the reporting and planned periods and shall send the agreed notifications to the member states and the Commission within the time limits indicated in paragraph 40 of these Rules.
List of state bodies and organizations that submit the notifications on industrial subsidies to the authorized body
1. Ministry of Investment and Development of the Republic of Kazakhstan;
2. Ministry of Finance of the Republic of Kazakhstan;
3. Local executive bodies of a region, the city of the republican significance and the capital of the Republic of Kazakhstan (hereinafter referred to as the LEB);
4. Joint Stock Company "National Management Holding "Baiterek" (hereinafter referred to as the JSC "NMH "Baiterek");
5. Joint Stock Company "Damu" Entrepreneurship Development Fund" (hereinafter referred to as the JSC "Damu" EDF").
Table 1* – Unified Program of Business Support and Development
"Business Road Map 2020": the first area
Name of the project/borrower** | from January 1 to December 31 20__ . |
volume (thousand tenge) | |
Payment of JSC "Damu" EDF" guarantee | |
Payment of state grants on the projects of entrepreneurs |
Notice:
* - LEB shall fill in the form of notifications in accordance with the present table;
** - information about the industrial support measures should be provided indicating the amount of financing only for those sectors whose CCEA codes begin with section 05 and end with section 33 (sections 05-33 of the CCEA).
Table 2* – Unified Program of Business Support and Development "Business Road Map 2020": the second area
Name of the project/borrower** | from January 1 to December 31 20__ . |
volume (thousand tenge) | |
Payment of JSC "Damu" EDF" guarantee | |
Payment of state grants on the projects of entrepreneurs |
Notice:
* - LEB shall fill in the form of notifications in accordance with the present table;
** - information about the industrial support measures should be provided indicating the amount of financing only for those sectors whose CCEA codes begin with section 05 and end with section 33 (sections 05-33 of the CCEA).
Table 3* – Unified Program of Business Support and Development "Business Road Map 2020"
Name of the project/borrower** | from January 1 to December 31 20__ . |
total volume (thousand tenge) | |
Payment of subsidies of JSC “Damu” EDF ” to second-tier banks on projects of entrepreneurs (first area) | |
Payment of subsidies of JSC "Damu" EDF" to second-tier banks on projects of entrepreneurs under the second area of the Program | |
The third area: reducing the currency risks of entrepreneurs | |
Payment of subsidies of JSC "Damu" EDF" to second-tier banks on projects of entrepreneurs for improvement and enhancement of entrepreneurial potential (the fourth area) |
Notice:
* - JSC "Damu" EDF" shall fill in the form of notifications in accordance with the present table;
** - information about the industrial support measures should be provided indicating the amount of financing only for those sectors whose CCEA codes begin with section 05 and end with section 33 (sections 05-33 of the CCEA).
__________________________
Table 4* – Programs of "Damu" Fund
Name of the program** | from January 1 to December 31 20__ . | ||
financial resources allocated in the financial organizations, thousand tenge | Financial resources allocated by the financial organizations to the borrower | ||
financial resources allocated by financial organizations to small and medium-sized business entities thousand tenge | of which resources of the fund, thousand tenge | ||
1 | 2 | 3 | 4 |
Programs of conditional allocation of funds in the second-tier banks for subsequent lending of small and medium sized business entities (1, 2, 3 tranches) | |||
"Damu Regions" Program (Program of co-financing with LEB) | |||
"Damu- Ondiris" Program for support of private entrepreneurs engaged in processing industry | |||
The program for financing leasing transactions of small and medium-sized business entities engaged in the manufacturing industry through second-tier banks and Leasing companies | |||
Programs of conditional allocation of funds in the second-tier banks for subsequent micro lending of female entrepreneurship | |||
Program of regional financing of small and medium-sized business entities | |||
Program for financing small and medium-sized business entities at the expense of a loan from the Asian Development Bank (1-2 tranche) | |||
Program of financing of leasing transactions of small and medium-sized business entities | |||
Programs of conditional allocation of funds in the second-tier banks and other financial organizations for subsequent lending of private entrepreneurs of Zhanaozen city | |||
Program of financing of regional priority projects of small and medium-sized business entities "Damu regions III" | |||
Program of support of small and medium-sized business entities, engaged in processing industry (1, 2, 3 trenches of the National Fund) | |||
Notice:
* - JSC "Damu" EDF" shall fill in the form of notifications in accordance with the present table;
** - information about the industrial support measures should be provided indicating the amount of financing only for those sectors whose CCEA codes begin with section 10 and end with section 33 (sections 10-33 of the CCEA);
The essence of Table 4 is to show the volume of financial resources that had budgetary origin (for example, the National Fund, the republican budget, the funds of the Sovereign Wealth Fund Samruk-Kazyna Joint Stock Company etc.) and aimed at financing of branches of industry in the reporting period.
Table 5* – Tax privileges
Name of the program | for the period from January 1 to December 31 20__ |
volume of privileges, thousand tenge | |
Exemption of VAT taxation for import under the investment projects (art. 283 of the Entrepreneur Code of the Republic of Kazakhstan dated October 29, 2015 no.375-V ЗРК) | |
Tax privileges under the investment priority projects (art. 290 of the Entrepreneur Code of the Republic of Kazakhstan dated October 29, 2015 no.375-V ЗРК) | |
Tax privileges under the investment strategic projects (art. 290 of the Entrepreneur Code of the Republic of Kazakhstan dated October 29, 2015 no.375-V ЗРК) | |
VAT privileges on imported goods under the “Free warehouse” regime | |
VAT privileges on imported goods under the Special Economic Zone (SEZ) | |
Corporate tax privileges under the Special Economic Zone (SEZ) | |
Property tax privileges under the Special Economic Zone (SEZ) | |
Land tax privileges under the Special Economic Zone (SEZ) |
Notice:
* - the Ministry of Finance of the Republic of Kazakhstan shall fill in the form of notifications in accordance with the present table.
Table 6* – Customs Privileges
Name of the program | for the period from January 1 to December 31 20__ |
volume of privileges, thousand tenge | |
Exemption from customs duties under the investment contracts (art. 287 of the Entrepreneur Code of the Republic of Kazakhstan dated October 29, 2015 no.375-V ЗРК) | |
Exemption from payment of customs duties under the "Free warehouse" regime | |
Exemption from payment of customs duties under the Special Economic Zone (SEZ) |
Notice:
* - the Ministry of Finance of the Republic of Kazakhstan shall fill in the form of notifications in accordance with the present table.
Table 7* – Program of post-crisis recovery (rehabilitation of competitive enterprises)
Name of the program** | for the period from January 1 to December 31 20__ | |
Volume of allocated funds, thousand tenge | CCEA code | |
Interest rate subsidy under the program of post-crisis recovery | ||
Notice:
* - the Ministry of Finance of the Republic of Kazakhstan shall fill in the form of notifications in accordance with the present table;
** - information about the industrial support measures should be provided indicating the amount of financing only for those sectors whose CCEA codes begin with section 05 and end with section 33 (sections 05-33 of the CCEA).
Table 8* – Lending the real sector of economy
Name of the program** | for the period from January 1 to December 31 20__ |
volume of financing, thousand tenge | |
Financing of investment projects with the participation of the "Development Bank of Kazakhstan" Joint Stock Company | |
Financing of export transactions with the participation of the "Development Bank of Kazakhstan" Joint Stock Company | |
Leasing financing under the program "Productivity 2020" |
Notice:
* - JSC "NMH "Baiterek" shall fill in the form of notifications in accordance with the present table;
** - information about the industrial support measures should be provided indicating the amount of financing only for those sectors whose CCEA codes begin with section 05 and end with section 33 (sections 05-33 of the CCEA).
Table 9* – Provision of innovation grants
Name of the program** | for the period from January 1 to December 31 20__ | |
number of grant beneficiaries, units | total volume, thousand tenge | |
Commercialization of technology | ||
Technological development of branches | ||
Technological development of enterprises | ||
Notice:
* - Ministry of Investment and Development of the Republic of Kazakhstan shall fill in the form of notifications in accordance with the present table;
** - information about the industrial support measures should be provided indicating the amount of financing only for those sectors whose CCEA codes begin with section 05 and end with section 33 (sections 05-33 of the CCEA).
Table 10* – Support in the domestic market
Name of the program** | for the period from January 1 to December 31 20__ | |
number of projects, units. | volume of financing, thousand tenge | |
Payment for the services of consulting organizations involved in the development or examination of a comprehensive plan for an industrial and innovative project | ||
Promotion of domestic processed goods, works and services in the domestic market | ||
Notice:
* - Ministry of Investment and Development of the Republic of Kazakhstan shall fill in the form of notifications in accordance with the present table;
** - information about the industrial support measures should be provided indicating the amount of financing only for those sectors whose CCEA codes begin with section 05 and end with section 33 (sections 05-33 of the CCEA).
Table 11* – Development and promotion of export of domestic processed goods, services
Compensation of part of the costs of subjects of industrial and innovative activities **: | for the period from January 1 to December 31 20__ |
volume of financing, thousand tenge | |
Costs associated with the promotion (branding) and promotion of specific products, services in the foreign market | |
Costs of carrying out procedures related to the registration of trademarks and certification of products for export abroad | |
The cost of training services for employees engaged in the field of export management abroad, as well as with the invitation of foreign expert consultants to enterprises-subjects of industrial and innovative activities | |
Involvement of franchise | |
The cost of paying for the creation and launch of the Internet resource of a subject of industrial and innovative activity | |
Costs of marketing research services |
Notice:
* - Ministry of Investment and Development of the Republic of Kazakhstan shall fill in the form of notifications in accordance with the present table;
** - information about the industrial support measures should be provided indicating the amount of financing only for those sectors whose CCEA codes begin with section 05 and end with section 33 (sections 05-33 of the CCEA)
Table 12* – State support of investments
Name of the program** | for the period from January 1 to December 31 20__ |
volume of financing, thousand tenge | |
Exemption from customs duties and VAT on import under the investment projects | |
State natural grants under the investment projects | |
Tax preferences under the investment projects | |
Investment subsidies under the investment priority projects | |
Investment preferences for an investment strategic project |
Notice:
* - Ministry of Investment and Development of the Republic of Kazakhstan shall fill in the form of notifications in accordance with the present table;
** - information about the industrial support measures should be provided indicating the amount of financing only for those sectors whose CCEA codes begin with section 05 and end with section 33 (sections 05-33 of the CCEA).
