On approval of the Rules on organization of “one-stop shop” for investors, and also coordination order in the attraction of investment

New Unofficial translation

Order No. 585 of the Government of the Republic of Kazakhstan dated August 13, 2019

      Unofficial translation

      In accordance with Article 282-1 of the Entrepreneur Code of the Republic of Kazakhstan dated October 29, 2015, the Government of the Republic of Kazakhstan hereby RESOLVES:

      1. To approve the attached Rules on organization of “one- stop shop” for investors, and also coordination order in the attraction of investment.

      2. To invalidate Order No. 1133 of the Government of the Republic of Kazakhstan dated December 30, 2015 “On approval of the Rules on organization of “one- stop shop” activities” for investors” (Collected Acts of the President and the Government of the Republic of Kazakhstan, 2015, No. 77-78-79, art 580) .

      3. This resolution shall take effect upon expiry of ten calendar days after the day of its first official publication.

      Prime Minister
      of the Republic of Kazakhstan A. Mamin

  Approved by
Order No. 585 of the Government
of the Republic of Kazakhstan
dated August 13, 2019

Rules
on organization of “one- stop shop” for investors, and also coordination order in the attraction of investment

Chapter 1. General Provisions

      1. These Rules on organization of “one- stop shop” for investors, and also coordination order in the attraction of investment (hereinafter - the Rules) have been developed in accordance with paragraph 2 of Article 282-1 of the Entrepreneur Code of the Republic of Kazakhstan dated October 29, 2015.

      The Rules are intended to improve the investment climate of the Republic of Kazakhstan by enhancing the efficiency of activities in attracting, supporting and rendering of state and other services for investors at the external, central and regional levels.

      2. The main concepts used in these Rules:

      1) authorized investments body (hereinafter - the authorized body) - a state body determined by the Government of the Republic of Kazakhstan to conclude investment contracts and supervise their execution;

      2) national company in the field of attracting investments (hereinafter - the National Company) - a legal entity with the status of a national company, representing interests of the Government of the Republic of Kazakhstan in discussion of the outlook for the implementation of investment projects;

      3) a regional organization in the attraction of investment (hereinafter - the regional organization) - a legal entity established by the decision of the local executive body in order to attract investment and support investors;

      4) “one stop-shop” principle for investors - a centralized form of assisting investors by the National Company and its regional representatives and representative offices, regional organizations in obtaining state and other services rendered by other organizations, which provides for minimizing the investors’ participation in the collection and preparation of documents and their direct contact with government agencies;

      5) service provider - central state bodies and organizations, foreign institutions of the Republic of Kazakhstan, local executive bodies, also legal entities rendering state and other services in accordance with the legislation of the Republic of Kazakhstan;

      6) investor support on the “one-stop shop” principle (hereinafter - investor support) - a set of measures for informational, consulting, organizational assistance to the investor from the National Company in the field of attracting investment and its regional representatives and representative offices, regional organizations in the field of attracting investment;

      7) Coordinating Council for attracting investment (hereinafter - the Coordinating Council) - an advisory body under the Government of the Republic of Kazakhstan, established by decision of the Government of the Republic of Kazakhstan with the aim of developing proposals on attracting investment to the Republic of Kazakhstan.

      8) information and monitoring system “Investor relationship management” (hereinafter - IRM) - a single information platform for Kazakhstan, foreign investors and businessmen, containing complete, verifiable and up to date information about investors, investment projects, production sites and potential investors’ information requests;

      9) an investment project (hereinafter - the “Project”) is a set of measures providing for investment in the creation of new, expansion and (or) updating of existing production facilities, including production facilities that were created, expanded and (or) updated during the implementation of a public-private partnership project, including concession project;

      10) investor - individuals and legal entities making investment in the Republic of Kazakhstan;

      11) front office system - a three-level system (external, central and regional level) that maintains coordination of interested bodies and organizations referred to in paragraph 1 of these Rules, carried out on specially designated sites with the necessary infrastructure for the provision of consultancy, state and other services, meetings, negotiations and presentations of investment opportunities of the Republic of Kazakhstan.

Chapter 2. Organization procedure for investor support on “one-stop shop”
basis by the National company and its regional representatives and representative offices,
regional organizations to pursue investment projects in the Republic of Kazakhstan

      3. Provision of services to investors within these Rules shall be carried out through the front offices system of external, central and regional levels.

      The external level entities of the front-offices are foreign institutions of the Republic of Kazakhstan, representative offices and representatives of a national company, foreign representative offices and representatives of state bodies, also organizations responsible for investment policies and projects support, and promoting the products of investors manufactured in the Republic of Kazakhstan.

      The central level entity of the front office is the National Company.

      The regional level entities of the front office are structural units of local executive bodies of the Republic of Kazakhstan, regional offices and representatives of the National Company, regional organizations identified by local executive bodies of the Republic of Kazakhstan, representatives of central government bodies, representative offices and representatives of organizations in the field of supporting industrial and innovative activities, investment activity and development of small and medium business responsible for the investment policies, implementation and support of projects, as well as other organizations rendering state and other services.

      4. Organization and financing of the front offices of the external and central levels shall be carried out from the republican budget, the front office of the regional level - from the local budget.

      5. “One-stop shop” services shall be provided by the National Company and its regional representatives and representative offices to the investors implementing projects with an investment amount of 150,000 (one hundred fifty thousand) monthly calculation indices in all sectors of the economy.

      “One-stop shop” services to other investors implementing projects in all sectors of the economy with an investment amount of less than 150,000 (one hundred fifty thousand) monthly calculation indices shall be provided by regional organizations in the event of their creation.

      6. Assistance to investors on the principle of “one-stop shop” shall be carried out through the front offices by performing the following functions:

      functions of front-office entities of the external level:

      1) consultancy to potential investors, including provision of information on investment opportunities of the Republic of Kazakhstan;

      2) organization of potential investors’ visits to the Republic of Kazakhstan, including multinational and other companies;

      3) signing of the documents proving the intention of a foreign company, including anchor and multinational companies, to invest in the Republic of Kazakhstan;

      4) identification of potential foreign investors in all sectors of the economy;

      5) establishing business relations in the host country with companies of the governmental, non-governmental and corporate sectors;

      6) holding meetings in the country under supervision with major companies, including anchor and multinational companies, informing the embassy or consulate of the Republic of Kazakhstan for the formation and maintenance of common database of foreign investors;

      7) participation in bilateral visits, business councils on attracting investments and promoting products manufactured by investors in the Republic of Kazakhstan in order to stimulate reinvestment;

      8) promotion of investment proposals in business communities in the host country;

      9) promotion of investment image of the Republic of Kazakhstan by organizing and participating in investment events (road shows, business forums, round tables, etc.) in the territory of the host country;

      10) informing interest groups of the host countries about the most important upcoming investment events in the Republic of Kazakhstan and in the host country;

      11) formation of the list of large foreign companies;

      12) analysis and monitoring of the execution of investment agreements reached as a result of meetings, organized visits and signed memorandums;

      13) promotion of products manufactured by investors in the Republic of Kazakhstan in order to stimulate reinvestment;

      14) collecting information to form the country analysis;

      15) identification and introduction of recommendations on systemic problematic issues of investors;

      16) ensuring achievement of the key performance indicators and reporting to the authorized body;

      17) ensuring high-quality and timely rendering of state and other services;

      18) formation and updating of information in the IRM on projects and initiatives;

      functions of central level front offices:

      1) conducting analytical studies to improve the investment attractiveness of the Republic of Kazakhstan;

      2) provision of investor support, including by arranging meetings of investors with state bodies, industrial and innovative activity entities, private businesses associations, holding business forums, conferences and workshops on investment topics, creating and maintaining the database of existing and promising investors, assisting investors in resolving emerging issues;

      3) promotion of a favorable investment image of the Republic of Kazakhstan, including provision of information on investment opportunities;

      4) monitoring of the execution of official agreements reached as a result of negotiations with investors;

      5) monitoring of industrial and innovative projects implemented with the investors’ participation;

      6) interaction with investors on “one-stop shop ” basis in terms of support to investors in obtaining state services, also other services rendered by other organizations.

      7) assisting the authorized body in monitoring of the quality and timely provision of state and other services by the regional front offices;

      functions of regional front-office entities:

      1) conducting analytical studies to improve the investment attractiveness of the relevant region;

      2) providing information support to investor activities, including by arranging meetings with local and central state bodies, industrial and innovative activity entities, associations of private business entities, conducting business forums, conferences and workshops on investment topics, creating and maintaining the regional data base of investors;

      3) promotion of a favorable investment image of the region, including provision of information on the investment opportunities of the region;

      4) monitoring of the execution of official agreements reached as a result of negotiations with investors;

      5) monitoring of industrial and innovative projects implemented with the investors’ participation in the region;

      6) participation in investment-related events organized by the national company and its regional representatives and representative offices, including in the territory of a foreign state;

      7) regular provision to the national company and its regional representatives and representative offices of relevant information on investment activities in the region, including industrial and innovative projects requiring investment, investors;

      8) interaction with investors on “one-stop shop” basis in terms of support to investors in obtaining public services, as well as other services rendered by other organizations.

      9) assistance in resolving emerging issues of investors, including by initiating meetings with central government bodies and organizations, within the scope of their powers in accordance with constituent documents.

      The functions of the regional front-office entities specified in subparagraphs 2), 8) and 9) of paragraph 3, paragraph 6 of these Rules shall be performed by all regional-level front offices, with the exception of the central state and local executive bodies of the Republic of Kazakhstan.

Chapter 3. Interaction order of the authorized body with the national company and its
regional representatives and representative offices, regional organizations in the organization
of investment projects support to attract investment at the central and regional levels

      7. The authorized body in the framework of interaction with the national company and its regional representatives and representative offices, regional organizations shall:

      1) assist investors in addressing problematic areas by arranging meetings and forming task groups;

      2) develop proposals for improving the investment climate and, if necessary, offer them to a meeting of the Coordinating Council;

      3) request information on the accomplished work to address the investors’ concern areas.

      8. The authorized body in the framework of interaction with front offices shall:

      1) set the goals and objectives of the external and central front offices;

      2) coordinate the front offices’ activity;

      3) develop and direct to front offices the key indicators of their performance;

      4) conduct assessment of the front offices’ performance;

      5) accept the national company report on the performance of the central and regional front offices;

      6) request information from the national company to monitor the quality and timely provision of state and other services by the central and regional front offices;

      7) request from the national company the findings of the country and regional analysis, also international experience in attracting investment;

      8) request information on the outcome of the meetings and negotiations with investors;

      9) coordinate the subject, date and place of investment events conducted by the national company and regional organizations;

      10) accept reporting on the external front- offices’ performance.

Chapter 4. Interaction order of the national company and its regional representatives and
representative offices, regional organizations with foreign institutions, state bodies, local
executive bodies, organizations, also other non-governmental organizations
on investment attracting issues

      9. Service providers in the framework of interaction with front offices shall:

      1) upon request of the front-office entities, ensure provision of materials, documents and other information required for the preparation and execution by investors of applications for the state and associated services;

      2) upon request of front-office entities, provide timely clarification in electronic or written form on the order of state services rendering.

      10. The National company in the framework of interaction with external front offices shall:

      1) at the request of external front-office entities:

      a) hold meetings with the investor, arrange, if necessary, the investor’s meetings with relevant state bodies and organizations, including at the regional level;

      b) provide information support and consultancy in the collection, preparation and execution of documents for obtaining state and other services for the implementation of projects in the Republic of Kazakhstan;

      2) provide analytical and informational materials about the investment potential, investment climate of the Republic of Kazakhstan and the regions, containing data on:

      a) climate, population, utility and electricity tariffs, routes, logistics, etc. ;

      b) projects requiring investment, and niche projects by the region;

      c) potential partners for foreign investors;

      d) finished and planned industrial sites;

      e) human resources;

      f) state support measures;

      3) hold workshops to improve work with investors;

      4) ensure the IRM operation and access to it;

      5) request information for the country’s investment analysis.

      11. The National company in the framework of interaction with regional front offices shall:

      1)supply, at the request of regional front-office entities, information on measures, procedures, conditions and volumes of state support, including on possible support tools that investors can apply for;

      2) hold workshops to improve work with investors;

      3) supply information support and consultancy in the collection, preparation and execution of documents for the implementation of projects in the Republic of Kazakhstan;

      4) provide work and access to IRM;

      5) request a report on the accomplished work in order to pass information to the authorized investment body;

      6) request information for the formation of regional investment analysis.

      12. Front offices at the regional level in the framework of interaction with the National company shall:

      1) supply analytical and informational materials on the investment potential, the investment climate of the region, containing data on:

      a) climate, population, utility and electricity tariffs, routes, logistics, etc. ;

      b) territorial planning and location of production facilities;

      c) projects requiring investment and niche industries;

      d) potential partners for foreign investors;

      e) finished and planned industrial sites;

      e) human resources.

      2) submit reports on the work accomplished on implementation of the projects with investment volume of 150,000 (one hundred and fifty thousand) monthly calculation indices and that are under implementation in all sectors of the economy.

      13. Front offices of the external level in the framework of interaction with the regional front offices shall:

      1) exchange country and regional analyses;

      2) direct investors’ requests on the search for local partners;

      3) supply information on potential investors.

      14. Regional front offices in the framework of interaction with external front offices shall:

      1) direct requests for investor searches;

      2) supply information on potential niches.

      15. External front offices in the framework of interaction with central front office shall:

      1) request information required for provision of consultancy to investors;

      2) supply information for the country’s investment analysis;

      3) form and provide the list of potential investors.

Chapter 5. Monitoring procedure on rendering of state and other services
by state bodies and other organizations for pursuit of investors’ investment activities, also
monitoring of investment projects support to attract investment

      16. Monitoring of support activities to investors, also timely and high-quality rendering of state and other services to investors by front office entities, shall be carried out by the authorized body.

      17. In the frames of the pursued work on performance evaluation and achievement of the key indicators, the authorized body shall quarterly monitor the project support process, also rendering of state and other services by front office entities, basing on information supplied by the National Company and external front-office entities.

      18. No later than the 15th day of the month following the reporting quarter, the regional front office entities shall direct a report on the accomplished work to the National Company.

      Basing on the data received from its regional representatives and representative offices, regional front office entities, the national company shall generate a consolidated quarterly report on the performance of regional and central front offices and, no later than the 20th day of the month following the reporting quarter, direct a summary report to the authorized body.

      19. No later than the 15th day of the month following the reporting quarter, the external front office entities shall direct a report on the accomplished work to the authorized body.

      20. The monitoring results shall be used to work out recommendations, also to timely identify and take appropriate measures to address emerging systemic and operational issues.

      21. The generated report on the monitoring results shall be posted on the information resource of the authorized body.

Chapter 6. Documents execution procedure to obtain state services on “one- stop shop” principle

      22. Upon filing of documents by investors applying for state services to the service providers and until the issuance of these state services, the national company and its regional representatives and representative offices, regional organizations shall carry out support to the investor in the timely and complete provision of state services and consultancy to investors.

      23. Investors who applied to the National Company and its regional representatives and representative offices, regional organizations, shall file an application in accordance with Appendix 1 to these Rules, with attached documents according to the list established by the standards of state services (hereinafter - investor documents).

      The national company and its regional representatives and representative offices, regional organizations shall accept the investor documents in front offices.

      24. The investor documents duly filled out and submitted to the National Company and its regional representatives and representative offices, regional organizations shall be directed by the National Company, its regional representatives and representative offices, and regional organizations to the service provider within one business day for the state services rendering.

      If the service providers return the documents that do not meet the requirements and standards of state services, the National Company, its regional representatives and representative offices, and regional organizations shall notify the investor or his representative within one business day.

      Upon receipt of the necessary documents from the investor or his representative, the national company, its regional representatives and representative offices, regional organizations, shall re-send the documents to the service provider within one business day for the rendering of state services.

      25. At the acceptance of the documents by the National Company and its regional representatives and representative offices, regional organizations, the investor shall be given a receipt on the accepted relevant documents with the date of issue of the public service result.

      26. Issue of the executed documents to the investor shall be carried out by a servant of the National Company, its regional representatives and representative office, regional organization on the basis of the receipt of accepted documents upon presentation of an identity document (or power of attorney).

      27. The time for receiving of the investor’s documents by the National company and its regional representatives and representative offices, regional organizations, service providers and the time of receiving by the National company and its regional representatives and representative offices, regional organizations of the executed documents from the service providers shall not be included in the term for the state service rendering, established by the state service standard.

      28. In the event of breaking by the service providers of the state service rendering term, the National Company and its regional representatives and representative offices, regional organizations shall immediately send a notice in paper and (or) electronic forms to the service provider on the need to eliminate these violations, and also to the authorized body in assessment and monitoring of the state services rendering quality.

  Appendix
to the Rules on organization
of “one-stop shop” for investors
and also coordination order in the
attraction of investment

      Form

      ___________________________________________________________________

      (name of the National company/regional representative

      or representative office/regional organization in attraction of investment)

Application

      I,

      __________________________________________________________________,

      (name of organization, full name)

      details of identity document:________________________,

      (indicate the identity document, date of issue and document number)

      kindly request you to accept the documents for receiving state service/state services

      _______________________________________________________

      (name of the state service)

      Documents attached:

      1.____________________________;

      2.____________________________;

      3.____________________________.

      I agree to the use of information, constituting legally protected secret, contained in the

      information systems, in provision of state services, unless otherwise provided by the laws of

      the Republic of Kazakhstan and also bear responsibility in accordance with the legislation

      of the Republic of Kazakhstan for accuracy of the presented information.

      Signature____________________________________________

      full name

      _______________________________

      contact phones

      Seal (for legal entities if any)

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