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).Under sub-paragraph 41) of paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan “On State Regulation of Agricultural Complex and Rural Areas Development”, sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On Public Services” and sub-paragraph 2) of paragraph 3 of Article 16 of the Law of the Republic of Kazakhstan “On State Statistics” I HEREBY ORDER:
Footnote. The preamble - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be enacted ten calendar days after the date of its first official publication).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 To deem as no longer in force: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 Subsidising Interest Rates when Lending to Agro-Industrial Complex Entities, as well as Leasing for the Purchase of Farm Animals, Machinery and Technological Equipment (hereinafter - Rules) have been developed in line with sub-paragraph 41) of paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan “On State Regulation of the Development of Agro-Industrial Complex and Rural Areas”, sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” (hereinafter - the Law on State Services) and sub-paragraph 2) of paragraph 3 of Article 16 of the Law of the Republic of Kazakhstan “On State Statistics”, and determine the procedure for subsidising interest rates when lending to agro-industrial entities, as well as leasing for the purchase of farm animals, machinery and technological equipment at the expense and within the limits of the funds budgeted for the relevant financial year.
Unliquidated obligations from previous years shall be paid from the current year's funds, subject to the availability of unencumbered funds in the budget.
Footnote. Paragraph 1 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall be put into effect ten calendar days after the date of its first official publication).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 herein:
1) an agreement for subsidising interest rates on loans to agribusinesses and leasing for the purchase of farm animals, machinery and technological equipment (hereinafter the subsidy agreement) is a written agreement entered into in paper or electronic form between the borrower, the working body (service provider) for the distribution of subsidies and the financial institution, stipulating the procedure and conditions for transferring subsidies and the liability of the parties;
2) The Government for Citizens State Corporation (hereinafter, the State Corporation) is a legal entity established by the Decision of the Government of the Republic of Kazakhstan to provide public services, services on issuing technical conditions for connection to the grids of natural monopoly entities and services of quasi-public sector entities under the legislation of the Republic of Kazakhstan, organisation of work on accepting applications for public services, services on issuing technical conditions for connection to the grids of EU subjects;
3) farm animals (hereinafter referred to as animals) - all kinds of animals, birds, fish and bees directly related to agricultural production, cultivated by humans;
4) personal profile - personal web page of the user (borrower (service recipient), financial institution, working body (service provider) for the distribution of subsidy funds) in the electronic register of applications for subsidies;
5) personal account - a set of records kept in the electronic register of applications for subsidies, enabling the identification of the registered person for the purpose of registering applications for subsidies and recording transactions thereon;
6) excluded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 438 of 23.12.2022 (shall be enforced since 01.01.2023);7) financial institutions - the Development Bank of Kazakhstan, second-tier banks, foreign and international financial institutions engaged in banking operations through Kazakhstani financial institutions, credit institutions licensed to conduct banking operations, as well as leasing companies and credit partnerships in the agro-industrial sector;
8) a borrower (service recipient) - an individual or a legal entity, an individual entrepreneur (including peasant (farm) enterprise) who has entered into a loan agreement with a financial institution and carrying out activities in accordance with the list of goods for lending and financial leasing for priority projects in the field of production and (or) processing of agricultural products in accordance with Appendix 1 to these Rules, as well as in accordance with paragraphs 1, 3 and 4 (general classifier of economic activities code 1107) of the list of economic sectors for processing and production in the agro-industrial complex and manufacturing industry in accordance with Appendix 2 to the Mechanism for lending and financial leasing of priority projects, approved by the resolution of 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 for lending and financial leasing of priority projects), and paragraphs 1 , 2, 3, 4, 5, 6 and 7 of the list of key (priority) sectors of the economy in accordance with Appendix 4 to the Mechanism for lending and financial leasing of priority projects;
9) a loan agreement - an agreement concluded between a financial institution and a borrower (service recipient), under the terms thereof the financial institution grants a loan/leasing, as well as an agreement concluded on the principles of Islamic financing;
10) a working authority for distributing subsidy funds (hereinafter referred to as a working authority (service provider)) - a structural subdivision of local executive bodies of regions, cities of republican significance and the capital, implementing functions in the field of agriculture;
11) application for a subsidy - a paper or electronic application by a financial institution for payment of the subsidised part of the interest rate under the borrower's (service recipient's) loan agreement);
12) an electronic register of subsidy applications - a combination of data on subsidy applications, as well as on borrowers (service recipients), financial institutions, and other data reflected in the state subsidy information system;
13) state information system for subsidies (hereinafter - SIS) - an organisationally arranged combination of information and communication technologies, support staff and technical documentation intended to offer services for the implementation of subsidy processes, enabling interaction with the e-government web portal, registration of the application for subsidies, as well as its processing by automatically verifying the application for compliance with subsidy conditions;
14) a web portal of the state subsidy information system (hereinafter referred to as the web portal) - an Internet resource located on the Internet offering access to the state subsidy information system;
15) interest rate - a fee due to a financial institution for the use of 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;
16) technological equipment - equipment for the production and processing of agricultural products, consisting of direct purpose equipment and auxiliary equipment, without the use thereof a complete technological cycle cannot be ensured;
17) a proposal - a joint proposal of the borrower and the financial institution to enter into a subsidy agreement signed on paper or electronically with an electronic digital signature in the form as per Annex 1-1 hereto;
18) e-government web portal - an information system providing a single window of access to all consolidated government data, including the regulatory framework, and to public services and other services provided in electronic form;
19) electronic digital signature (hereinafter referred to as EDS) - a complex of electronic digital characters created by means of electronic digital signature and confirming the authenticity of an electronic document, its ownership and invariability of its content.
Footnote. Paragraph 3 - as reworded by Order No. 161 of the Minister of Agriculture of the Republic of Kazakhstan dated 13.05.2021 (shall be enacted ten calendar days after the date of its first official publication); as amended by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be effective ten calendar days after the date of its first official publication); of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 438 of 23.12.2022 (shall take effect since 01.01.2023); No. 77 of 28.02.2023 (shall enter into force ten calendar days after the date of its first official publication); dated 29.11.2023 No. 410 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).4. Subsidies shall be granted under loan agreements:
1) for the acquisition of agricultural machinery, including mounted and trailed equipment, as well as for the acquisition of farm animals, for investment purposes (excluding passenger cars and passenger transport), construction (excluding loans for the acquisition of fixed assets for the production of flour, mineral water and soft drinks);
2) for replenishment of working capital required for the technological cycle of the production process;
3) on loans granted for spring field and harvesting works.
Under loan agreements indicated in sub-paragraphs 1), 2) and 3) of part one of this paragraph, subsidies shall be granted not more than the nominal interest rate calculated as the total expression of the base rate of the National Bank of the Republic of Kazakhstan plus 7.5 (seven point five) per cent (hereinafter - %) per annum in tenge.
The base rate of the National Bank of the Republic of Kazakhstan in effect at the time of conclusion of the loan agreement shall be applied when considering the proposal.
Under loan agreements mentioned in sub-paragraphs 1), 2) and 3) of part one of this paragraph and executed from January 25, 2022, the borrower shall pay 6 (six) % of the nominal interest rate, the state budget shall subsidise the remaining part of the nominal interest rate resulting from the difference between the sum of the base rate of the National Bank of the Republic of Kazakhstan plus 7.5 (seven point five) % per annum and the 6 (six) % in tenge paid by the borrower..
A reduction in interest rates shall be provided for loan agreements indicated in sub-paragraphs 1), 2) and 3) of this paragraph and executed prior to January 25, 2022 with a nominal interest rate of not exceeding 17 (seventeen) % per annum in tenge:
1) for the procurement of agricultural machinery, including mounted and trailed equipment, as well as for the procurement of farm animals, for investment purposes (excluding passenger cars and passenger transport), construction (excluding loans for the purchase of fixed assets for the production of flour, mineral water and soft drinks) at the following rates, involving a reduction in interest rates:
by 10 (ten) per cent (hereinafter - %) per annum in tenge;
2) for replenishment of working capital required for the technological cycle of the production process, a reduction in interest rates shall be envisaged:
by 7 (seven) % per annum in tenge;
3) for loans granted for spring field and harvesting works, a reduction in interest rates shall be envisaged:
by 9 (nine) % per annum in tenge.
Under existing subsidy agreements signed prior to December 4, 2021, under loan agreements issued in Russian rubles and other currencies, the interest rate may not be reduced below 4 (four) % per annum in Russian rubles and below 3 (three) % per annum in other currencies.
Footnote. Paragraph 4 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan № 77 of 28.02.2023 (shall become effective ten calendar days after the date of its first official publication).5. Subsidizing the interest rate under loan agreements concluded before July 26, 2022, and issued by financial institutions within the framework of the Mechanism for lending and financial leasing of priority projects shall be carried out:
1) for investment purposes with a reduction in interest rates by 10 (ten)% per annum in tenge, while the subsidy period is no more than 10 (ten) years without the right of extension;
2) to replenish working capital with a reduction in interest rates by 9 (nine)% per annum in tenge, while the subsidy period is no more than 3 (three) years without the right of extension;
3) for carrying out spring field and (or) harvesting works with a reduction in interest rates by 9 (nine)% per annum in tenge, while the subsidy period is no more than 1 (one) year without the right of extension.
Subparagraph 2) of this paragraph shall apply to relations that have arisen since January 1, 2019.
Within the framework of this paragraph, current loan agreements issued by financial institutions in accordance with paragraphs 1, 3, and 4 (general classifier of economic activities code 1107) of the list of economic sectors for processing and production in the agro-industrial complex and manufacturing industry shall be subject to subsidization in accordance with Appendix 2 to the Mechanism for lending and financial leasing of priority projects and paragraphs 1, 2, 3, 4, 5, 6 and 7 of the list of key (priority) sectors of the economy in accordance with Appendix 4 to the Mechanism for lending and financial leasing of priority projects.
Within the framework of this paragraph, syndicated loans from second-tier banks and (or) the Development Bank of Kazakhstan shall be subject to subsidization of interest rates.
Footnote. Paragraph 5 is in the wording of the order of the Minister of Agriculture of the Republic of Kazakhstan dated 29.11.2023 No. 410 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).5-1. Subsidising interest rates on loan agreements granted by financial institutions as part of the Employment Roadmap for 2020-2021 shall be performed:
1) for loans granted by the Development Bank of Kazakhstan:
for investment purposes with decrease in interest rates by 5 (five) % per annum in tenge, with the subsidy period not exceeding 10 (ten) years without the right to prolongation;
for replenishment of working capital with interest rates reduced by 5 (five) % per annum in tenge, with a subsidy period of maximum 3 (three) years without the right to prolongation;
2) on loans provided by Agrarian Credit Corporation Joint Stock Company:
for investment purposes with interest rates reduced by 5.5 (five point five) per cent per annum in tenge, with a subsidy period of no more than ten (10) years without the right to prolongation;
for replenishment of working capital with interest rates reduced by 5.5 (five point five) % per annum in tenge, with a subsidy period of up to three (3) years without the right to prolongation.
Herewith, under the loan agreements listed in sub-paragraphs 1) and 2) of part one of this paragraph, the interest rate may not be reduced below 6 (six) per cent per annum.
Footnote. Chapter 1 as supplemented by paragraph 5-1, under order of the Minister of Agriculture of the Republic of Kazakhstan No. 336 dated 19.11.2021 (shall be effective ten calendar days after the date of its first official publication); as revised by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall take effect ten calendar days after the date of its first official publication).5-2. Subsidizing the interest rate under loan agreements concluded after July 26, 2022, and issued by financial institutions within the framework of the Mechanism for lending and financial leasing of priority projects shall be carried out:
1) for investment purposes with a subsidy period of no more than 5 (five) years without the right of extension;
2) to replenish working capital with a subsidy period of no more than 3 (three) years without the right of extension.
At the same time, under the loan agreements specified in subparagraphs 1) and 2) of part one of this paragraph, the subsidization of the interest rate shall be carried out no more than the nominal interest rate, calculated as the total expression of the base rate of the National Bank of the Republic of Kazakhstan plus 4.5 (four point five) % per annum in tenge, of which 13.25 (thirteen point twenty-five)% is paid by the state, and the difference is paid by the borrower (service recipient) (projects approved before the approval of the above remuneration rate shall be valid on the previously approved conditions of the working body (service provider) until the borrower (service recipient) fully fulfills its obligations under them.
Within the framework of this paragraph, current loan agreements issued by financial institutions in accordance with paragraphs 1, 3, and 4 (general classifier of economic activities code 1107) of the list of economic sectors for processing and production in the agro-industrial complex and manufacturing industry shall be subject to subsidization in accordance with Appendix 2 to the Mechanism for lending and financial leasing of priority projects and paragraphs 1, 2, 3, 4, 5, 6 and 7 of the list of key (priority) sectors of the economy in accordance with Appendix 4 to the Mechanism for lending and financial leasing of priority projects.
The period for subsidizing projects under paragraphs 1, 2, 3, 4, 5, 6, and 7 of the list of key (priority) sectors of the economy aimed at investments, in accordance with Appendix 4 to the Mechanism for lending and financial leasing of priority projects, is no more than 7 (seven) years, with the exception of projects provided for in subparagraphs 1) and 2) of part one of this paragraph.
Subsidizing of projects under paragraphs 1, 2, 3, 4, 5, 6 and 7 of the list of key (priority) sectors of the economy in accordance with Appendix 4 to the Mechanism for lending and financial leasing of priority projects shall be carried out under loan agreements with a nominal interest rate not exceeding the base rate established by the National Bank of the Republic of Kazakhstan and increased by 4.5 (four point five)% per annum in tenge, of which 13.25 (thirteen point twenty-five)% is subsidized by the state, and the difference is paid by the borrower (service recipient) (projects approved before approval the above remuneration rate shall be valid on the previously approved conditions of the working body (service provider) until the borrower (service recipient) fully fulfills its obligations under them).
Within the framework of this paragraph, in the event of a reduction in the base rate established by the National Bank of the Republic of Kazakhstan on December 6, 2022, the state-subsidized part of the remuneration rate shall be reduced by an equivalent change to the reduced value of the base rate of the National Bank of the Republic of Kazakhstan.
Within the framework of this paragraph, syndicated loans from second-tier banks and (or) the Development Bank of Kazakhstan shall be subject to subsidization of interest rates.
Within the framework of this paragraph, previously subsidized loan agreements aimed at refinancing loans/financial leasing agreements, previously approved/issued by financial institutions that are under sanctions and comply with the conditions specified in the Mechanism for lending and financial leasing of priority projects, shall also be subject to subsidization.
At the same time, refinancing shall be carried out only at the expense of the financial institutions’ own funds.
Footnote. Chapter 1 as supplemented by paragraph 5-2 under order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall be put into effect ten calendar days after the date of its first official publication); is in the wording of the order of the Minister of Agriculture of the Republic of Kazakhstan dated 29.11.2023 No. 410 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).5-3. Previously subsidized loan agreements aimed at refinancing a loan/leasing, previously issued by financial institutions for the purposes provided for in part one of paragraph 4 of these Rules, shall be subject to subsidization, without limiting the period from the date of conclusion of the loan agreement to the submission of a proposal for subsidization.
Loan agreements that have received the approval of the working body (service provider) can be refinanced in other financial institutions on previously approved subsidy conditions without extending the subsidy period and without increasing the previously approved amount of subsidies specified in the subsidy agreement signed with the financial institution from which the refinancing was carried out.
Footnote. Chapter 1 as supplemented by paragraph 5-3 pursuant to order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall apply upon expiry of ten calendar days after the day of its first official publication); is in the wording of the order of the Minister of Agriculture of the Republic of Kazakhstan dated 29.11.2023 No. 410 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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. A subsidy agreement signed before the entry into force of these Rules shall continue to be subsidised under the conditions specified in the subsidy agreement, excluding the cases specified in part two of paragraph 5, part four of paragraph 9, and part three of paragraph 12 hereof.
The financial institution shall convert paper subsidy contracts into electronic format and register them in the SIS.
Footnote. Paragraph 7 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 438 dated 23.12.2022 (shall become effective on 01.01.2023).8. Loan agreements valid on the date of submission of the proposal and concluded no earlier than 4 (four) years before the submission of the proposal shall be subject to subsidization.
A loan agreement for which a decision was made to terminate subsidies shall be allowed to re-participate in the program no more than 1 (one) time.
For loan agreements re-participating in the program, subsidies shall be restored from the date the borrower submits a proposal for re-participation on the same conditions specified in the previously canceled subsidy agreement, in terms of standards, subsidy terms, without increasing the previously approved amount of subsidies, excluding the requirement for a period of 4 (four) years, for the period from the date the borrower submitted the proposal, except for the cases provided for in part two of paragraph 5, part four of paragraph 9 and part three of paragraph 12 of these Rules.
Footnote. Paragraph 8 is in the wording of the order of the Minister of Agriculture of the Republic of Kazakhstan dated 29.11.2023 No. 410 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).9. The subsidy under a loan agreement shall be for the duration of the agreement.
Under loan agreements in force at the date of the offer and concluded not earlier than 4) four years prior to the offer, the subsidy shall accrue as from January 1 of the year when the offer is submitted.
Under loan agreements entered into in the year of the subsidy offer, the subsidy shall be accrued from the moment the loan is granted or the leased asset is transferred.
Under loan agreements approved by the working authority (service provider) in 2019, as well as under loan agreements entered into in 2019 and approved by the working authority (service provider) in 2020, the financial institutions and the working authority (service provider) shall recalculate the subsidy amounts with regard to the subsidy accrual from January 1, 2019.
Obligations resulting from the recalculation of subsidy amounts in respect of the accrual of the subsidy as from January 1, 2019, in the year concerned shall be effected by concluding a supplementary agreement to the subsidy agreement, and shall relate to the obligations of the year concerned.
Under loan agreements approved by the working authority (service provider) in 2021, the financial institutions and the working authority (service provider) shall recalculate the subsidy amounts for the accrual of the subsidy from January 1, 2021, or when the loan is issued or the leased asset is transferred.
Obligations resulting from the recalculation of subsidy amounts with respect to the accrual of the subsidy from January 1, 2021 in the year concerned shall be performed by concluding a supplementary agreement to the subsidy contract, and shall relate to the obligations of the year concerned.
A notification of recalculation of the amount of subsidy in respect of the accrual of the subsidy in the form set out in Annex 2-1 hereto, accompanied by a copy of the loan agreement with repayment schedule, shall be submitted by the financial institution.
The working authority (service provider) shall take a decision on recalculating the subsidy amount with regard to the accrual of the subsidy within three 3) working days after receiving the notification on recalculating the subsidy amount with regard to the accrual of the subsidy from the financing institution.
Footnote. Paragraph 9 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be enacted ten calendar days after the date of its first official publication).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 conditions of the loan agreement have been changed (except for the cases provided for in part two of paragraph 5, part four of paragraph 9, and part three of paragraph 12 of these Rules), the previously approved and accrued amount of subsidies shall not be increased and the subsidy period shall not be extended.
This restriction shall not apply to loan agreements if financial institutions provide a deferral in the payment of the interest rate and (or) repayment of the principal debt for a period of no more than 24 (twenty-four) months due to the occurrence of aggravating circumstances for the borrower (service recipient) according to the documents of the authorized bodies, including as a result of the introduction of a state of emergency in accordance with Article 5 of the Law of the Republic of Kazakhstan “On State of Emergency” or the declaration of a natural and man-made emergency in accordance with Article 48 of the Law of the Republic of Kazakhstan “On Civil Protection”.
Moreover, in the event of an increase in the amount of remuneration due to the provision of a deferral in the payment of the interest rate and (or) repayment of the principal debt for a period of no more than 24 (twenty-four) months, the amount of subsidies shall be recalculated upward, and an extension of the current subsidy agreement shall also be allowed.
Footnote. Paragraph 12 is in the wording of the order of the acting Minister of Agriculture of the Republic of Kazakhstan dated 29.12.2023 No. 472 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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 shall be paid subject to the following conditions:
1) upon filing by the financial institution of an application for subsidisation in the form as per Annex 3 hereto.
In the event that the subsidy agreement is concluded in electronic form, the subsidy application shall be filed by the financial institution in electronic form.
If the subsidy agreement is concluded in paper form and not converted into electronic format, the application for subsidising shall be filed by the financial institution in paper form;
Outstanding subsidies of prior years under subsidy agreements concluded on paper and not converted into electronic format shall be paid upon application of the financial institution submitted in paper form as per payment schedules stipulated in paper subsidy agreements.
2) existence of a valid (not cancelled or terminated) agreement on this application for subsidisation of interest rates, concluded in the form according to Annex 4 hereto (at the time of submission of the application for payment);
3) no overdue obligations of the borrower (service recipient) on the principal debt and (or) remuneration under the subsidised loan agreement (at the time of application for payment).
The list of basic requirements for rendering the state service “Subsidising of Interest Rates when Lending to Agroindustrial Complex Entities, as well as Leasing for Acquisition of Farm Animals, Machinery and Technological Equipment” is given in Annex 5 hereto.
The result of rendering of the state service shall be a notification on transfer of subsidy in the form as per Annex 6 hereto, or a notification on refusal to render the state service in the form as per Annex 7 hereto.
The result of the state service shall be sent to the e-mail address provided by the borrower (service recipient) when registering in the SIS, as well as to the personal account in the SIS.
In case of paper form of rendering the state service, the result shall be issued via the State Corporation.
Footnote. Paragraph 15 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall go into effect ten calendar days after the date of its first official publication).15-1. The hearing shall be held under Article 73 of the Administrative Procedure Code of the Republic of Kazakhstan.
Footnote. The Rules have been supplemented by paragraph 15-1 under order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 438 of 23.12.2022 (shall become effective from 01.01.2023).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. Offers shall be accepted at the location (legal address) of the borrower (service recipient) from 10 January of the year concerned via the e-government web portal in electronic form or via the State Corporation in paper form.
The working authority (service provider) shall examine the offers in the order of priority based on the date and time of receipt of the offer.
Footnote. Paragraph 17 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be put into effect ten calendar days after the date of its first official publication).18. Excluded by Order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 from 28.02.2023 (shall take effect ten calendar days after the date of its first official publication).
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 working authority's (service provider's) decision on the offer shall include:
1) the name and location of the financial institution;
2) the name and location (legal address) of the borrower (beneficiary) on the offer for which the decision to enter into/refuse to enter into a subsidy agreement has been taken and, in case of refusal, a list of the reasons for such refusal;
3) the amount of the loan/lease;
4) duration of each loan agreement;
5) term of subsidisation;
6) subsidy rate;
7) total amount of subsidies under the loan agreement (broken down by year).
Footnote. Paragraph 20 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall enter into force ten calendar days after the date of its first official publication).20-1. Proposals approved by the working body (the service provider) shall be received in the reserve (waiting list).
The working body (service provider), within 1 (one) working day after making a positive decision on the proposal in paper form, shall enter information from the proposal with a copy of the loan agreement with the repayment schedule in the SISS for inclusion in the reserve (waiting list).
Proposals shall be included in the reserve (waiting list) by the working body (service provider) in order of priority according to the date and time of receipt of the proposal. Information about the inclusion of a proposal in the reserve (waiting list) shall be reflected in the SISS.
For proposals received in the reserve (waiting list), payment of subsidies shall be carried out in order of priority according to the date and time of receipt of the proposal in the reserve (waiting list) when additional budget funds are allocated in the current financial year. In the absence of additional budget funds in the current financial year, for proposals received in the reserve (waiting list), payment of subsidies shall be carried out in the next financial year.
For proposals received in the reserve (waiting list), for which at the time of concluding the subsidy agreement the term of the loan agreement has expired, subsidy agreements shall be signed and subsidies shall be paid in accordance with the requirements of these Rules and the financing plans of the working body (service provider).
Notification on the inclusion of a proposal in the reserve (waiting list) in the form according to Appendix 7-1 to these Rules within 1 (one) working day after a positive decision on the proposal is made shall be sent by the working body (service provider) to the financial institution and the borrower (service recipient).
Footnote. Chapter 3 as supplemented by paragraph 20-1, under Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be put into effect ten calendar days after the date of its first official publication); is in the wording of the order of the Minister of Agriculture of the Republic of Kazakhstan dated 29.11.2023 No. 410 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).21. If budget funds are available, the working authority (service provider) shall send the borrower (service recipient) and the financing institution a notification of the conclusion of the subsidy agreement, observing the order of priority of the offers received in the reserve (waiting list).
Footnote. Paragraph 21 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall come into force ten calendar days after the date of its first official publication).22. The working body (service provider) shall carry out unilateral termination of the subsidy agreement in the following cases:
1) the presence in the agreement of obligations unfulfilled 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 the loan agreement;
3) seizure of the borrower’s (service recipient’s) accounts by a court decision that has entered into legal force;
4) a written application in any form of the borrower (service recipient) about refusal to receive subsidies;
5) full repayment by the borrower (service recipient) of obligations to the financial institution under the loan agreement;
6) cancellation or termination of the loan agreement, except for the case specified in part five of paragraph 20-1 of these Rules.
Footnote. Paragraph 22 is in the wording of the order of the Minister of Agriculture of the Republic of Kazakhstan dated 29.11.2023 No. 410 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).22-1. The Financial Institution shall ensure verification of the borrower's (service recipient's) adherence to the terms and conditions of the loan agreement, including full utilisation and targeted use of the funds under the loan agreement for granting the loan.
The borrower (service recipient) shall present to the financial institution the information on the use (including the intended use) of funds under the loan agreement for granting the loan.
The financial institution shall submit to the working body (to the service provider) information on the use (including on the intended use) of funds under the loan agreement for granting the loan within three months from the date of signing the act on the use of funds.
In the event of incomplete or inappropriate use of funds under the loan agreement, the borrower (service recipient) shall return the subsidies paid in proportion to the amount of incomplete or inappropriate use of funds under the loan agreement for the provision of the loan.
Footnote. Chapter 3 as supplemented by paragraph 22-1 under order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall come into effect ten calendar days after the date of its first official publication).23. Within 3 (three) working days of the signing of the subsidy agreement and/or thereafter one month prior to the due date of payment, the Financial Institution shall submit to the Working Authority (service provider) an application for subsidy as per Annex 3 hereto to fulfil the requirements laid down in Paragraph 30 hereof.
Footnote. Paragraph 23 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be enacted ten calendar days after the date of its first official publication).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 conditions of the current loan agreement (interest rate, including a change in the rate when replacing own or borrowed funds with budgetary funds and when replacing budgetary funds with own and (or) borrowed funds in accordance with the basic conditions for providing a budget loan for carrying out activities on support for subjects of the agro-industrial complex to conduct spring field and harvesting works, established by the decision of the central authorized body for budget execution in accordance with paragraph 2 of Article 180 of the Budget Code of the Republic of Kazakhstan, the terms of remuneration payment, the provision of a deferral on the payment of the principal debt and (or) remuneration, increase or decrease of an amount under the loan agreement), the financial institution within 10 (ten working days) shall notify the working body (service provider) of this, attaching a copy of the decision made to change the conditions of financing, an updated schedule for repayment of the principal debt, remuneration and the amount of subsidies.
If the subsidy agreement is concluded in paper form and is not converted into electronic format, the corresponding notification shall be submitted by the financial institution in paper form.
Footnote. Paragraph 32 is in the wording of the order of the acting Minister of Agriculture of the Republic of Kazakhstan dated 29.11.2023 No. 472 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).32-1. In subsidising the interest rates of loan agreements of an agricultural cooperative and (or) members of an agricultural cooperative, the subsidy terms and conditions shall be maintained under the same conditions with no increase in the previously approved amount of subsidies for the period from the date of the decision of the working body (service provider) to approve the proposal in the following cases:
1) in case of transfer of debt under loan agreements of members of an agricultural co-operative to the agricultural co-operative where these persons are members;
2) when transferring debt under loan agreements of an agricultural co-operative to its members;
3) in case of transfer of debt under loan agreements of a member of an agricultural co-operative to another member of the same agricultural co-operative.
Footnote. Chapter 3 as supplemented by paragraph 32-1 as per order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 dated 28.02.2023 (shall enter into force ten calendar days after the date of its first official publication).
32-2. In case of transfer of the debt under the loan agreement of the borrower (service recipient) to the legal successor-agro-industrial complex entity, the terms of subsidies shall be retained under the previous conditions with no increase in the previously approved amount of subsidies for the period from the date of the decision of the working body (service provider) on approval of the proposal.
Footnote. Chapter 3 as supplemented by paragraph 32-2 under order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 from 28.02.2023 (shall be enforced upon expiration of ten calendar days after the day of its first official publication).32-3. In case of amendments to the data stated in the notification on commencement of activity as an individual entrepreneur, the borrower (service recipient) shall notify the financial institution thereof within 5 (five) business days with filing a copy of the notification on commencement of activity as an individual entrepreneur. Upon receipt of the notification from the borrower (service recipient), within 10 (ten) business days, the financial institution shall form a notification to the working body (service provider) stating the borrower's (service recipient's) IIN and the deadline date under the subsidy schedule for which there are subsidy applications submitted.
On the grounds of the notification received from the financial institution, within 2 (two) business days the working body (service provider) shall form an addendum to the subsidy agreement with regard to the adjustment of the borrower's (service recipient's) data, which shall be signed by the working body (service provider), the financial institution and the borrower (service recipient).
The addendum shall be the basis for renewal of subsidies.
Upon resumption of subsidies, payment of subsidies by the working body (service provider) shall be made for the period of suspension, including the period of actual accrual of remuneration up to the moment of suspension of subsidies.
Should a financial institution be reorganised, subsidies under previously concluded subsidy agreements shall be paid to the legal successor of the said loan agreements, upon signing the addenda to the subsidy agreements under the terms and conditions set forth herein.
Footnote. Chapter 3 as supplemented by paragraph 32-3 as per order of Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 from 28.02.2023 (shall become effective ten calendar days after the date of its first official publication).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. From the date of receipt of the proposal, the working body (service provider) shall implement the following within 3 (three) business days:
1) registering the proposal in the SIS;
2) verification of the proposal's eligibility for the subsidy conditions set forth herein, including verification of the loan agreement's conformity with the requirements for a loan agreement pursuant to Annex 2 hereto;
3) making and formalising a decision on the proposal and notifying the borrower (service recipient) and the financial institution thereof.
Footnote. Paragraph 39 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 438 dated 23.12.2022 (shall come into effect on 01.01.2023).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. The financial institution shall apply for the subsidy via the e-Government web portal.
The electronic government web portal and SIS shall interact under Article 43 of the Law of the Republic of Kazakhstan “On Informatisation”.
The borrower's (service recipient's) and financial institution's personal accounts in the SIS shall be confirmed as a result of information interaction of the SIS with the “Legal Entities” or “Natural Persons” state databases.
The existence of a personal account in the SIS shall enable the borrower (service recipient) and the financial institution to independently register the application in the SIS, in which case the application shall not be filed, and it shall be deemed filed from the moment of such registration.
Footnote. Paragraph 41 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 438 of 23.12.2022 (shall enter into force on 01.01.2023).42. To open a personal account in SIS:
1) the borrower (service recipient) and the financial institution must have an EDS;
2) the working body (service provider) shall annually provide the Ministry of Agriculture of the Republic of Kazakhstan (hereinafter referred to as the Ministry) with updated lists of employees possessing EDS.
Footnote. Paragraph 42 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 438 of 23.12.2022 (shall take effect on 01.01.2023).43. The borrower (beneficiary) and the financial institution shall enter the following information for registration when opening personal accounts:
1) for natural persons: IIN, surname, first name and patronymic (if any);
2) for legal entities: BIN, full name; surname, first name and patronymic (if any) and IIN of the first manager;
3) for self-employed persons, including those in the form of a joint venture: IIN or BIN, surname, first name and patronymic (if any);
4) contact details (postal address, telephone number, e-mail address);
5) second-tier bank current account details.
If the aforementioned data changes, the borrower (service recipient) and the financial institution shall amend the personal account data entered in the Personal Account within 3 (three) working days.
Footnote. Paragraph 43 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be brought into force ten calendar days after the date of its first official publication).44. Within 2 (two) business days from the date of receipt of the subsidy application, the responsible executive of the working body (service provider) shall:
1) confirm the acceptance of the application for subsidy by signing it using EDS;
2) following the results of registration of the application for subsidies, generate in the SIS invoices payable for payment of subsidies uploaded to the Treasury-Client Information System for transfer of subsidies to the special bank account of the financial institution.
Footnote. Paragraph 44 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 438 of 23.12.2022 (shall be effective since 01.01.2023).45. The SIS may be used subject to certification and positive results of testing of such system for conformity to information security requirements and its provision:
1) information interaction with such state databases as Legal Entities, Natural Persons, Real Estate Register, Civil Status Registration System and the e-government web-portal;
2) online availability of information on the status of limits on subsidy amounts;
3) placement of an announcement in the SIS on suspension of acceptance of applications for subsidies;
4) submission of proposals, subsidy applications and notifications signed with EDS via the web portal;
5) formation of decisions of the working body (service provider) in electronic form and signing them by EDS;
6) conclusion of the subsidy agreement or addendum to the subsidy agreement in electronic form in SIS and signing thereof by EDS;
7) forming an invoice for payment of the subsidy to the treasury authorities for transferring the subsidy to the borrower's (service recipient's) bank account).
Footnote. Paragraph 45 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 438 of 23.12.2022 (shall be put into effect on 01.01.2023); as amended by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall apply ten calendar days after the date of its first official publication).46. In case of failure of the SIS containing the data required for granting a subsidy, the working body (service provider) shall immediately notify the Ministry of the situation, which shall proceed to its elimination.
Herewith, following the works on elimination of the occurred failure, within 3 (three) business days the Ministry shall draw up a protocol on the technical problem and place it in SIS.
Footnote. Paragraph 46 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 438 of 23.12.2022 (shall become effective on 01.01.2023).47. When the application is examined electronically, the activities foreseen in paragraphs 16, 19, 21, 21, 23, 23, 25, 25, 29, 29, 30, 31, 32, 32, 33, 34 and 35 hereof shall be conducted in the SIS.
Footnote. Paragraph 47 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 438 of 23.12.2022 (shall be put into effect on 01.01.2023).Chapter 5. Procedure for consideration of proposals in paper form
48. To implement subsidies in paper form, a financial institution or a borrower (service recipient) shall submit the following documents to the State Corporation for transfer to the working body (service provider):
1) proposals accompanied by a copy of the loan agreement with repayment schedule;
2) a draft updated repayment schedule with calculations of the subsidised or unsubsidised parts of the interest rate (with calculations of the subsidised or unsubsidised parts of the interest rate shall be sent to the working body (to the service provider);
3) loan account statement of the borrower (service recipient) on receiving a loan (for second-tier banks) or a document confirming the transfer of the loan/transfer of the leasing object.
Footnote. Paragraph 48 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 from 28.02.2023 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).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. Excluded by Order of the Minister of Agriculture of the Republic of Kazakhstan No. 336 of 19.11.2021 (shall be enforced ten calendar days after the date of its first official publication).51. Excluded by Order of the Minister of Agriculture of the Republic of Kazakhstan No. 336 of 19.11.2021 (shall be put into effect ten calendar days after the date of its first official publication).
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. Within 15 (fifteen) business days from the moment of making a decision on the application or changing the terms and conditions of the existing loan agreement (interest rate, terms of interest payment, deferral of principal and/or interest payment), the responsible executive of the working body (service provider) shall enter data on the application into the SIS specifying the name of the borrower, number and date of the loan agreement, loan amount, term of the loan agreement, subsidy period, purpose of the loan, percentage of the subsidised interest rate, total amount of subsidies, amount of interest for the entire term of the loan agreement (total, subsidised one, paid by the borrower), the dynamics of changes in the principal debt, enclosing in electronic PDF (Portable Document Format) format scanned copies of its decision, signed subsidy agreement and subsidy schedules, sealed by the working body (the service provider).
Footnote. Paragraph 55 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 438 of 23.12.2022 (shall become effective on 01.01.2023).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 shall monthly, by the 20th day of the month following the reporting month, submit to the Damu Entrepreneurship Development Fund Joint Stock Company (hereinafter: Damu EDF JSC) a report on the utilisation of the funds granted under the Lending and Financial Leasing Mechanism for Priority Projects in the form according to Annex 8 hereto.
Footnote. Paragraph 57 – as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be enacted ten calendar days after the date of its first official publication).58. Damu EDF JSC quarterly, not later than the 20th day of the second month following the reporting month, shall submit to the Ministry of National Economy of the Republic of Kazakhstan (hereinafter - MNE RK) a report on utilisation of funds issued under the Priority Projects Lending and Finance Leasing Mechanism in the form as per Annex 8 hereto.
Footnote. Paragraph 58 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be put into effect ten calendar days after the date of its first official publication).59. Excluded by Order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall take effect ten calendar days after the date of its first official publication).
60. Quarterly, by the 20th day of the month following the reporting quarter, and annually (data as of January 1 of the following year) by the 25th of January of the calendar year following the reporting year, the financial institute shall submit to the working body (service provider) a report on the actual use of subsidies in the form as per Annex 10 hereto.
Footnote. Paragraph 60 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall be put into effect ten calendar days after the date of its first official publication).61. Quarterly, by the 30th day of the month following the reporting quarter, and annually ( data as of January 1 of the following year) by the 30th January of the calendar year following the reporting year, the working body (service provider) shall report to the Ministry on the actual use of subsidies in the form as per Annex 10 hereto.
Footnote. Paragraph 61 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).62. Excluded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall come into effect ten calendar days after the date of its first official publication).
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 a decision, action (inaction) of a working authority (service provider) concerning the provision of public services shall be filed to the head of the local executive body of the region, city of republican significance, capital (hereinafter referred to as local executive body), to the competent authority for evaluation and quality control of public services.
Should a complaint be received as per paragraph 4 of Article 91 of the Administrative Procedure Code of the Republic of Kazakhstan (hereinafter - APC RK), the service provider shall forward it to the body considering the complaint within 3 (three) working days from the date of receipt. The working authority (service provider) shall not forward a complaint to the body examining the complaint if a favourable act or administrative action has been taken that fully satisfies the requirements set out in the complaint.
Footnote. Paragraph 63 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be put into effect ten calendar days after the date of its first official publication).64. A complaint by a borrower (service recipient) under Paragraph 2 of Article 25 of the Law on Public Services shall be considered:
by the local executive body within 5 (five) working days of its registration;
by the authority responsible for assessing and monitoring the quality of public services - within 15 (fifteen) working days of its registration.
In accordance with paragraph 4 of Article 25 of the Law on Public Services, the term of consideration of a complaint by the local executive body, the competent authority for evaluation and quality control of public services shall be extended for up to 10 (ten) working days in cases where it is necessary:
1) to undertake a further investigation or review of the complaint or an on-the-spot check;
2) to get more information.
Should the deadline for consideration of a complaint be extended, an official responsible for handling complaints shall, within 3 (three) working days of the extension, notify the borrower (service recipient) who has filed the complaint in writing (if filing a paper complaint) or electronically (if filing an electronic complaint) of the extension, indicating the reason for the extension.
Footnote. Paragraph 64 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be enacted ten calendar days after the date of its first official publication).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. Unless otherwise provided by law, appeal to a court may be made after a pre-trial appeal under paragraph 5 of Article 91 of the APC of the RK.
Footnote. Paragraph 66 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall come into effect ten calendar days after the date of its first official publication).| Annex 1 to the Rules for Subsiding Interest Rates when Leading to Agro-Industrial Complex Entities, as well as Leasing for the Purchase of Farm Animals, Machinery and Technological Equipment |
List
of goods for lending and financial leasing for priority projects
in the field of production and (or) processing of agricultural products
Footnote. Appendix 1 is in the wording of the order of the Minister of Agriculture of the Republic of Kazakhstan dated 29.11.2023 No. 410 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
№ | Name of the goods group | Name of the general classifier of types of economic activity | General classifier of types of economic activity | List of products and output goods |
1 | 2 | 3 | 4 | 5 |
1 | Agriculture | Cultivation of cereals (except rice), legumes and oilseeds | 01.11 |
Outdoor cultivation of cereals (except rice) legumes and oilseeds. |
2 | Rice cultivation | 01.12 | Rice cultivation. | |
3 | Cultivation of vegetables, melons, root and tuber crops | 01.13 |
Cultivation of potatoes and planting material. | |
4 | Cultivation of spinning crops | 01.16 |
Cultivation of raw cotton, flax and other spinning crops. | |
5 |
Cultivation of other one- or two-year crops | 01.19 |
Cultivation of forage crops and their seeds: | |
6 | Cultivation of grapes | 01.21 | Cultivation of grapes. | |
7 | Cultivation of seed and stone fruits | 01.24 |
Cultivation of seed and stone fruits | |
8 | Cultivation of other fruits, berries and nuts | 01.25 | Cultivation of other fruits, berries and nuts | |
9 | Breeding of other cattle and buffaloes | 01.42 | Breeding of cattle and buffaloes for meat | |
10 |
Breeding of dairy cattle | 01.41 | Raising and breeding of dairy cattle. Production of raw cow's milk and raw milk of other cattle. | |
11 | Breeding of horses and other equine animals | 01.43 |
Raising and breeding of horses | |
12 | Breeding of camels and other animals of the camel family | 01.44 |
Raising and breeding of camels | |
13 | Breeding of sheep and goats | 01.45 |
Breeding of sheep and goats: | |
14 | Breeding of pigs | 01.46 |
Breeding of pigs | |
15 |
Breeding of poultry | 01.47 | Growing and breeding of poultry. Production of poultry eggs. Mixed meat and egg production. Activities of hatchery and poultry stations. | |
16 | Breeding of other species of animals | 01.49 |
Bee breeding, honey and beeswax production. | |
17 | Mixed farming | 01.50 | Production of both crop and livestock products: growing crops in combination with livestock raising. | |
18 | Processing and preservation of meat and production of meat products | Processing and preservation of meat | 10.11 |
Production of fresh, chilled or frozen meat in carcasses/cuts, or cut into parts. |
19 | Processing and preservation of poultry meat | 10.12 | Slaughter, cutting of carcasses and packaging of poultry meat at poultry slaughterhouses. Production of fresh, chilled or frozen poultry meat, cut into parts. | |
20 | Production of meat and poultry products | 10.13 |
Production of dried, salted or smoked meat. | |
21 | Processing and preservation of fish, crustaceans, and molluscs | Processing and preservation of fish, crustaceans and molluscs | 10.20 |
Processing and preservation of fish, crustaceans, and molluscs. |
22 |
Processing and preservation of fruits and vegetables | Processing and preservation of potatoes | 10.31 | Potato processing and preservation: production of frozen cooked potatoes, dry mashed potatoes, potato snacks, potato chips, fine and coarse potato flour. |
23 | Production of fruit and vegetable juices | 10.32 | Production of fruit and vegetable juices. Production of concentrates and nectars from fresh fruits and vegetables. | |
24 | Other types of processing and preservation of fruits and vegetables | 10.39 |
Production of food consisting primarily of fruits or vegetables, excluding prepared foods in frozen or canned form. | |
25 |
Production of vegetable and animal oils and fats |
Production of oils and fats | 10.41 |
Production of unrefined vegetable oils: soybean, sunflower, cottonseed, rapeseed, mustard, flaxseed, safflower, olive. |
26 | Production of margarine and similar edible fats | 10.42 |
Production of margarine. | |
27 |
Dairy and cheese products |
Milk processing and cheese production | 10.51 |
Production of liquid milk, pasteurized, sterilized, homogenized, and also subjected to other high-temperature processing. |
28 | Production of ice cream | 10.52 | Production of ice cream | |
29 | Production of flour and cereal products |
Production of flour | 10.61.1* |
Production of fine and coarse flour from wheat, rye, oats, corn, or other grains. |
30 |
Production of cereals | 10.61.2 |
Production of cereals from wheat, rye, oats, corn or other grains. | |
31 | Production of food concentrates | 10.61.3 |
Production of breakfast products from cereals, such as breakfast cereals. | |
32 | Production of starch and starch products | 10.62 |
Production of starches from rice, potatoes, corn, and so on. | |
33 |
Production of bakery, pasta, and flour confectionery products | Production of bakery and flour confectionery products of non-durable storage | 10.71 | Production of bakery products: bread, bakery products, pancakes, flour confectionery products (cakes, pastries, pies, biscuits.) |
34 |
Production of crackers and cookies, flour confectionery products for long-term storage | 10.72 |
Production of crackers, cookies, and other dry bakery products. | |
35 | Production of pasta products | 10.73 |
Production of pasta and noodles, boiled and unboiled, with and without filling. | |
36 |
Production of other food products |
Production of sugar | 10.81 | Production of sugar from sugar beets and sugar cane. |
37 |
Production of cocoa, chocolate and sugar confectionery | 10.82 |
Production of cocoa powder, cocoa butter. | |
38 |
Production of spices and seasonings | 10.84 |
Production of spices, sauces, and seasonings: mayonnaise, mustard flour, and powder, ready-made mustard. | |
39 | Production of other food products | 10.89 |
Production of soups and broths. | |
40 |
Ready-made food products (on an industrial scale) |
Production of ready-made food products | 10.85 |
Production of meat or poultry dishes. |
41 | Baby food | Production of baby food and dietary food products | 10.86 | Production of food products used for specialized nutrition: infant formula; nutritious dairy and other products for infants; baby food; low-calorie and reduced-calorie foods intended for weight control; reduced-sodium foods, including low-sodium and sodium-free dietary salts; gluten-free products; food products for people performing heavy physical work, especially for athletes; food products for people suffering from metabolic disorders (diabetes) |
42 | Production of animal feed | Production of finished feed for farm animals | 10.91 | Production of feed for cattle, small livestock, horses, poultry, and pigs. |
43 |
Production of soft drinks, mineral waters, and other bottled waters |
Production of soft drinks, mineral waters, and other bottled waters | 11.07.0* |
Production of natural mineral water and other bottled waters. |
44 |
Processing of wool | Preparation of wool fiber | 13.10.3 |
|
45 |
Spinning wool fiber | 13.10.4 |
Production of yarn from wool for the weaving and clothing industry | |
46 |
Production of woolen fabrics | 13.20.2 |
Fabrics made from carded or combed wool or from coarse animal hair or horsehair | |
47 | Production of felting and felt products | 13.99.2 | Production of felt cloth and fibre felt | |
48 |
Production of leather products | Tanning and dressing of leather | 15.11.1 |
Leather, tanned and dressed; furs dressed and dyed. |
49 | Fur dressing and dyeing | 15.11.3 |
Leather from hides of cattle or hides of animals of the equine family without hair. | |
50 | Storage of agricultural products | Warehousing and storage of goods | 52.10 | Vegetable storage, fruit storage. |
* subsidizing the interest rate under loan agreements to replenish working capital necessary for the technological cycle of the production process.
Footnote. The Rules have been supplemented by Annex 1-1 as per order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 dated 28.02.2023 (shall be enacted ten calendar days after the date of its first official publication).
Proposal
Financial institution: ________________________________________________
(name of the financial institution)
Borrower: ____________________________________________________________
____________________________________________________________________
(surname, first name, patronymic (if any) of a natural person or full name of a legal entity)
To: ______________________________________________________________
(local executive body of the region, city of republican significance, capital city)
1. Details of the participant:
1 | Name of the borrower | |
2 | Surname, first name, patronymic (if any) of the head of the institution | |
3 | Details of the borrower: for individual entrepreneurs, including joint ventures - individual identification number (hereinafter - IIN) or business identification number (hereinafter - BIN)/ for a legal entity - BIN | |
4 | Bank details | |
5 | Contact telephone numbers |
2. Data on loan agreements subject to subsidisation (hereinafter referred to as the LA):
LA (number and date) | |||
Amount, KZT | |||
Remuneration rate, per cent | |||
Principal debt balance at the date of subsidising, KZT | |||
Date of expiry of the term of validity of the LA | |||
Lending currency | |||
Lending/leasing target purpose (purchase of agricultural machinery, including attached and trailed equipment, as well as for the purchase of farm animals, for investment purposes (excluding passenger cars and passenger vehicles), construction ( excluding 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, carrying out spring field and harvesting works (insert the necessary one) | |||
Funding source | |||
Four-digit class under GCEA (code according to the general classifier of types of economic activities) | |||
Subject of loan/leasing, quantity | Country-manufacturer of the leased item | Reference number in the state registration database | |
This is to confirm that:
1) the loan agreement complies with the requirements for loan agreements established under the Rules for Subsidising Interest Rates for Lending to Agricultural Entities and Leasing for the Purchase of Farm Animals, Machinery and Technological Equipment approved by Order No. 436 of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Agriculture of the Republic of Kazakhstan on October 26, 2018 (recorded in the Register of State Registration of Regulatory Legal Acts under No. 17741);
2) the target purpose is to acquire agricultural machinery, including mounted and trailed equipment, as well as for the purchase of farm animals, for investment purposes (excluding passenger cars and passenger transport), construction ( with the exception of 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, spring field and harvesting.
Within the Mechanism of Lending and Financial Leasing of Priority Projects approved by Decree of the Government of the Republic of Kazakhstan No. 820 of December 11, 2018 "On Certain Issues of Providing Long-Term Tenge Liquidity to Solve the Problem of Affordable Lending", where the target purpose is investment purposes, replenishment of working capital and carrying out spring field and (or) harvesting works;
3) the borrower's activities are not undergoing a change of organisational and legal form, liquidation or bankruptcy and its activities have not been suspended under the Law of the Republic of Kazakhstan “On Rehabilitation and Bankruptcy” unless financial debt restructuring and accelerated rehabilitation procedures are in progress;
4) the loan agreement is not funded from the national 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) interest under the loan agreement;
7) the interest rate under the loan agreement indicated in the application for subsidies is not subsidised under other state and (or) budget programmes.
Annex: a copy of the loan agreement with repayment schedule.
When submitting a paper proposal:
Surname, first name, patronymic (if any) and signature of the borrower
____________________________________________________________________
Surname, first name, patronymic (if any) and signature of the head of the financial
institution or authorised person
____________________________________________________________________
Date the proposal is signed by the borrower “___”_______20___
Date of signing of the proposal by the financial institution “___”_______20___
When submitting a proposal electronically:
Signed and sent by the applicant at __ AM/PM “___” __________ 20__
Data from the electronic digital signature (hereinafter referred to as EDS)
Signed and sent by Financial Institution at ____ AM/PM “___” __________ 20__
Data from EDS
Notification of acceptance of the proposal:
Accepted by the working body at __ AM/PM “__” ______ 20__
Data from EDS
| Annex 2 to the Rules for Subsiding Interest Rates when Leading to Agro-Industrial Complex Entities, as well as Leasing for the Purchase of Farm Animals, Machinery and Technological Equipment |
Requirements for a loan agreement
Footnote. Annex 2 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall be effective ten calendar days after the date of its first official publication).
The loan agreement shall conform to the following requirements:
1) the received loan/lease is used in the sphere of agro-industrial complex;
2) the target purpose is the acquisition of agricultural machinery, including mounted and trailed equipment, as well as for the purchase of farm animals, for investment purposes ( with the exception of passenger cars and passenger transport), construction ( excluding 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, carrying out spring field and harvesting operations, and for the purchase of agricultural equipment.
Under the Mechanism of Lending and Financial Leasing of Priority Projects, approved by Decree of the Government of the Republic of Kazakhstan No. 820 dated December 11, 2018, “On Certain Issues of Providing Long-Term Tenge Liquidity to Solve the Problem of Affordable Lending”, the target purpose is investment purposes, replenishment of working capital and carrying out spring field and (or) harvesting works;
3) the source of financing of the loan is not the state budget or the National Fund of the Republic of Kazakhstan;
4) at the time of application submission the loan is effective (has not been cancelled or terminated);
5) remuneration rate is not subsidised under other state and (or) budget programmes of the Republic of Kazakhstan;
6) redemption of shares, stocks of organisations, as well as enterprises as a property complex is prohibited.
Within the framework of subsidising interest rates for lending to agribusiness entities and leasing for the purchase of farm animals, machinery and technological equipment, new, previously unused agricultural machinery and equipment shall be subsidized if registered in the State Registration of Agricultural Machinery Subsystem of the e-Agriculture Unified Automated System for Management of Agroindustrial Complex Sectors Information System.
| Annex 2-1 to the Rules for the Subsidising of Interest Rates at Crediting of Agricultural Entities, as well as Leasing for Purchase of Agricultural Animals, Machinery and Technological Equipment |
Document form
Notification of recalculation of subsidy amounts with regard to accrual of subsidy
Footnote. The Rules as supplemented by Annex 2-1 by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be enacted ten calendar days after the date of its first official publication).
Hereby, _______________________________________________________________,
(name of financial institution)
under paragraph 9 of the Rules for Subsidising Interest Rates on Lending to Agricultural Entities and 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, No. 436 of October 26, 2018 (recorded in the Registry of State Registration of Regulatory Acts under No. 17741), requests that subsidies be accrued as from 1 January 20___/
__________________________________________________________________________
to (date of loan disbursement)
the date of the subsidy agreement dated "___" _________ 20__ for the borrower ______________________________________________________________.
(surname, first name, patronymic (if any) of an individual or full name of a legal entity)
The notification is forwarded for consideration for a decision.
I hereby confirm the accuracy of the provided information, I am aware of the responsibility for the submission of false information in accordance with the legislation of the Republic of Kazakhstan and I give my consent to the use of information that constitutes a legally protected secret, as well as to the collection of processing of personal data.
Repayment schedule
Currency: ________
Date of repayment | Total repayment amount | Principal repayment amount | Amount of remuneration repayment | Amount of part of the remuneration rate paid by the state (subsidised), KZT* | Amount of part of the interest rate payable by the borrower, KZT | Balance of the principal debt |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
When submitting a notification of recalculation of subsidy amounts in respect of the accrual of the subsidy in paper form:
Head of a financial institution (representative by proxy) or authorised person
___________________________________________________________________
___________________________________________________________________
(Signature, first name, surname and patronymic (if any))
Date of notification sent by the financial institution "___"_________ 20___.
When submitting a notification of recalculation of subsidy amounts in terms of accrual of the subsidy electronically:
Signed and sent by the Financial Institution at ______ o'clock "__" ______ 20___:
Data from the electronic digital signature (EDS)
Notification of acceptance of notice:
Accepted by the working authority at __ o'clock "__" __________ 20__:
Data from the EDS
| Annex 3 to the Rules for the Subsidising of Interest Rates at Crediting of Agricultural Entities, as well as Leasing for Purchase of Agricultural Animals, Machinery and Technological Equipment |
Document form
_______________________________________________________________________________
(local executive body of the region, city of republican significance, the capital)
Application for subsidies
Footnote. Annex 3 - as worded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall go into effect ten calendar days after the date of its first official publication).
"____" __________20__ |
Hereby, the financial institution __________________________________________
under the interest rate subsidy agreements for lending to agribusinesses and leasing for the purchase of farm animals, machinery and technological equipment listed in the table below, confirms that the borrower had no overdue obligations in the previous month, including payment of interest rates under the loan agreements by the borrowers, and requests that subsidies for the borrowers listed below be paid in the following amounts: KZT _______________ , for the period from "__" ______ 20__ to "__"________20__.
Head of a financial institution (representative by proxy)
__________________________________________________________________
(signature, first name, surname and patronymic (if any))
No. s/o | Borrower's name and individual identification number/business identification number | Number and date of the subsidy agreement | Loan agreement number and date | Loan agreement repayment date | Subsidies amount |
When submitting a paper application for a subsidy:
Head of a financial institution (representative by proxy) or authorised person
__________________________________________________________________
__________________________________________________________________
(signature, first name, surname and patronymic (if any))
Date of signature of application by the financial institution "___"________ 20___.
When applying for a subsidy electronically:
Signed and sent by the financial institution at ____ o'clock "__" _____ 20__:
Data from an electronic digital signature (hereinafter EDS)
Notification of acceptance of application:
Adopted by the working authority at __ o'clock "__" __________ 20__:
Data from the EDS
| Annex 4 to the Rules for Subsiding Interest Rates when Leading to Agro-Industrial Complex Entities, as well as Leasing for the Purchase |
|
| of Farm Animals, Machinery and Technological Equipment, |
Form
Agreement for subsidizing interest rates
Footnote. Appendix 4 is in the wording of the order of the acting Minister of Agriculture of the Republic of Kazakhstan dated 29.12.2023 No. 472 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
city ___________ "___"__________ 20__
Department of Agriculture __________________ region (city), hereinafter referred to as the “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 as the “Party”, have entered into this agreement for subsidizing interest rates (hereinafter - the subsidy agreement) about the following.
Chapter 1. Terms and definitions
1. This subsidy agreement uses the concepts specified in 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, 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 regulatory legal acts No. 17741) (hereinafter - the Rules for subsiding).
Chapter 2. Subject of the agreement
2. Under this subsidy agreement, the Working body shall undertake, under the conditions specified in the agreement, to subsidize, with the support of the Financial Institute, the Borrower’s costs of paying the interest rate under a specific loan agreement within the limits of the amounts of money allocated under the relevant budget program, in accordance with the Borrower’s subsidy schedule (as per the decision of the Working body) (hereinafter -the subsidy schedule) in the form according to Appendix to this agreement.
Chapter 3. Rights and obligations of the parties
3. The working body shall undertake to:
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 receiving subsidies provided for in the Subsidy Rules and check the amount of the application for subsidies to the Borrowers’ subsidy schedules in accordance with the subsidy agreement;
3) according to the application for subsidies, transfer monthly in advance to a special bank account of the Financial Institute the subsidized part of the interest rate in the month preceding the month in which the next payment of subsidies is made;
4) if the application for subsidies meets the requirements of the Subsidy Rules, generate and send invoices for payment to the treasury authorities to transfer subsidies to the bank account of the Financial Institute;
5) in case of inconsistency of the application for subsidies, inform the Financial Institute about the refusal to issue subsidies.
4. The financial institution shall undertake to:
1) monthly form and send to the Working body an application for subsidies;
2) in case of delay by the Borrower in terms of repayment of the principal debt and remuneration and other events specified in the Subsidy Rules, inform the Working body about this within 5 (five) working days from the moment of discovery of the events;
3) in case of a change in the conditions of the current loan agreement (interest rate, including a change in the rate when replacing own or borrowed funds with budgetary funds and when replacing budgetary funds with own and (or) borrowed funds in accordance with the basic conditions for providing a budgetary loan to the joint-stock company "Agrarian credit corporation", established by the decision of the central authorized body for budget execution in accordance with paragraph 2 of Article 180 of the Budget Code of the Republic of Kazakhstan, the deadlines of the payment of remuneration, the provision of a deferral in 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 conditions. financing, updated schedule for repayment of the principal debt, remuneration, and volume of subsidies;
4) check the intended use (including the completeness of use) of a loan received from a financial institution;
5) check the borrower’s compliance with the terms of the loan agreement, including the full disbursement and intended use of loan funds under the loan agreement;
6) notify the working body (service provider) about cases of non-compliance by the borrower with the terms of the loan agreement.
5. The borrower shall undertake to:
1) comply with the subsidy conditions established by the Subsidy Rules;
2) prevent subsidizing the interest rate under a loan agreement under other state and budget programs;
3) fully use the loan funds received under the loan agreement in accordance with the terms of the loan agreement;
4) in case of incomplete or inappropriate use of credit funds under the loan agreement, return the paid subsidies in proportion to the amount of incomplete or inappropriate use of credit funds under the loan agreement.
Chapter 4. Liability of the parties
6. The parties to this agreement shall be liable for non-fulfillment and (or) improper fulfillment 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 shall be released from liability for non-fulfillment or improper fulfillment of their obligations under this subsidy agreement if the impossibility of fulfillment was a consequence of force majeure circumstances.
8. If force majeure circumstances occur, the Party for which it is impossible to fulfill its obligations under this subsidy agreement must promptly notify the other Party about such circumstances within 10 (ten) working days from the date of their occurrence. At the same time, the nature, period of validity, and the fact of the occurrence of force majeure circumstances must be confirmed by relevant documents of authorized state bodies.
9. In the absence of timely notification, the Party shall be obliged to compensate the other Party for damage caused by failure to notify or untimely notification.
10. The occurrence of force majeure circumstances entails an increase in the period of execution 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 shall have the right to refuse further fulfillment of obligations under this subsidy agreement.
Chapter 6. Final provisions
12. Correspondence shall be considered duly submitted or sent when it is properly executed (correspondence shall be considered duly executed when it is presented on letterhead or sealed (if any), signed by the head and has a registration number, date), handed over in person, delivered by mail (by registered mail with notification) or by courier to the address of the participating Party.
13. The working body shall carry out unilateral termination of the subsidy agreement 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 the 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 about refusal to receive subsidies;
5) full repayment by the borrower of obligations to the financial institution under the loan agreement;
6) cancellation or termination of the loan agreement, except for the case specified in part five of paragraph 20-1 of the Subsidy Rules.
14. The parties must make every effort to resolve, through direct negotiations, all disagreements or disputes arising between them under the agreement or in connection with it. If, after such negotiations, the Parties cannot resolve the dispute under the subsidy agreement, either Party may demand that this issue be resolved in court, established by the civil procedural legislation of the Republic of Kazakhstan.
15. This subsidy agreement shall come into force from the date of signing by authorized representatives of all Parties and be valid until the end of the loan agreement in accordance with the subsidy schedule.
16. To the extent not regulated by the agreement, the Parties resolve disputes in court.
17. This agreement is drawn up in 6 (six) copies in the state and Russian languages, having equal legal force, 2 (two) copies, one in the state and Russian languages for each of the Parties.
18. The appendix to this subsidy agreement is an integral part of it.
19. Addresses, bank details, signatures of the Parties:
Working body: | Borrower: | Financial institution: |
| Appendix | |
| to the agreement for subsiding | |
| interest rates |
Form
The schedule for subsiding the borrower's (according to the decision of the Working body)
No.___ dated “___” ___________20___
Borrower's name: ________________________________________
Number, date of conclusion: ________________________________________
Target purpose of loan/leasing: ___________________________
Amount of the loan agreement, tenge: _____________________________
Amount of the loan agreement: currency: tenge,
KZT__________________________________________________________
Principal repayment term under the loan agreement:___________
Remuneration rate, % Total: ______________________________
Subsidized one: ______________________________________________
Paid by the borrower: _____________________________________
Amount of interest for the entire term of the loan agreement, tenge
General: ______________________________________________________________
Subsidized one: _______________________________________________
Paid by the borrower: ________________________________________
Year | Month | Repayment period of the interest rate according to the loan agreement schedule | Total amount of interest, tenge | Amount of part of the interest rate paid by the state (subsidized), tenge | Amount of part of the interest rate paid by the borrower, tenge |
Итого |
Working body __________ _________________________________________
signature (surname, name, patronymic (if any))
Borrower ___________ ______________________________________________
signature (surname, name, patronymic (if any))
Financial institution __________ _____________________________________
signature (surname, name, patronymic (if any))
| Annex to the Agreement for Subsidising Interest Rates |
|
| Document form |
Borrower's Subsidy Schedule (as decided by the Working Body)
No. ___ of “___” ___________20___
Borrower's name: _________________________________________
Number, date of conclusion: _________________________________________
Target purpose of the loan/leasing: _______________________________
Amount of the loan agreement, KZT: _________________________________
Amount of the loan agreement: currency: KZT,
KZT____________________________________________________________
Principal repayment term under the loan agreement: _______________
Remuneration rate, % Total: ________________________________
Subsidised one: _________________________________________________
Payable by the Borrower: __________________________
Amount of interest for the whole term of the loan agreement, KZT
Total: ________________________________________________________
Subsidised one: _________________________________________________
Payable by the Borrower: ________________________________________
Year | Month | Interest rate repayment period as per the schedule of the loan agreement | Total amount of remuneration, KZT | Amount of part of interest rate paid by the state (subsidised), KZT | Amount of part of interest rate paid by the borrower, KZT |
Total |
Working Body__________ ______________________________________
signature (surname, first name, patronymic (if any))
Borrower ___________ ______________________________________________
signature (surname, first name, patronymic (if any))
Financial Institution __________ ______________________________________
signature (surname, first name, patronymic (if any))
| Annex 5 to the Rules for Subsiding Interest Rates when Leading to Agro-Industrial Complex Entities, as well as Leasing for the Purchase of Farm Animals, Machinery and Technological Equipment |
List of basic requirements for rendering the public service “Subsidising Interest Rates for Lending
to Agro-Industrial Complex Entities, as well as Leasing for Acquisition of Farm Animals,
Machinery and Technological Equipment”
Footnote. Annex 5 - as reworded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 438 of 23.12.2022 (shall take effect on 01.01.2023).
1 | Name of the service provider | Local executive bodies of oblasts, the cities of Astana, Almaty and Shymkent (hereinafter referred to as the service provider). |
2 | Ways of rendering the public service | Acceptance of applications and issuance of the results of public service provision shall be performed via the e-government web portal www.egov.kz (hereinafter referred to as the portal) or the Government for Citizens State Corporation Non-Commercial Joint-Stock Company (hereinafter referred to as the State Corporation). |
3 | Term of rendering the public service |
from the moment of filing the package of documents: |
4 | Form of public service provision | Electronic (partially automated)/paper. |
5 | Result of rendering a public service |
Notification on transfer of subsidy in the form as per Annex 6 to the Rules for Subsidising Interest Rates for Lending to Agro-Industrial Complex Entities, as well as Leasing for Acquisition 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 No. 436 of October 26, 2018 (recorded in the Register of State Registration of Regulatory Legal Acts under No. 17741) (hereinafter - the Rules), or a notification of refusal to provide a public service in the form as per Annex 7 hereto. |
6 | The amount of payment charged from the service recipient when rendering a public service and methods of its collection in cases envisaged by the laws of the Republic of Kazakhstan | Free of charge. |
7 | Work schedule of the service provider, the State Corporation and information objects |
1) of the portal - round the clock, excluding technical breaks related to repair works (in case of service recipient's application after business hours, on weekends and public holidays under the labour legislation of the Republic of Kazakhstan, applications shall be accepted and the results of the state service shall be issued on the following business day); |
8 | List of documents and data required from the service recipient for rendering the public service |
for the portal: |
9 | Grounds for refusal to render a public service established by the laws of the Republic of Kazakhstan |
1) determination of inaccuracy of documents filed by the Borrower (service recipient) to obtain a public service, and (or) data ( information) contained in them; |
10 | Other requirements with regard to the peculiarities of the delivery of public services, including those offered in electronic form and via the State Corporation. |
The Borrower (service recipient) may receive a public service in electronic form via the portal providing he/she has an electronic digital signature. |
| Annex 6 to the Rules for the Subsidising of Interest Rates at Crediting of Agricultural Entities, as well as Leasing for Purchase of Agricultural Animals, Machinery and Technological Equipment |
Notification of subsidy transfer
Footnote. Annex 6 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be enacted ten calendar days after the date of its first official publication).
Dear __________________________________________________________
(Name of the legal person or surname, first name, patronymic (if any) individual)
We hereby notify you of the provision of a public service under the subsidy agreement Interest rates No. ______ dated "___" _______ 20__ as part of the application
No.______ of "___" ___________ 20___, submitted by
_________________________________________________________________________.
(name of financial institution)
Subsidy amount of _________ transferred to the account of the financial institution.
| 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:
____________________________________________________________________.
| Annex 7-1 to the Rules for the Subsidising of Interest Rates at Crediting of Agricultural Entities, as well as Leasing for Purchase of Agricultural Animals, Machinery and Technological Equipment |
Document form
Notification of inclusion of the offer in the reserve (waiting list)
Footnote. The Rules as supplemented by Annex 7-1 by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be enforced ten calendar days after the date of its first official publication).
Hereby, __________________________________________________________
notifies (the local executive body of the region, city of republican significance city, the capital)
______________________________________________________________________
(the name of the borrowing legal entity or the surname, first name and patronymic
(if any) of the borrowing individual)
and ____________________________________________________________________
for inclusion of your offer to ("name of financial institution") reserve (waiting list)
as per queue No. _________ dated "____" 20____.
When submitting a paper proposal:
Document originator__________________________________________________________
(surname, first name and patronymic (if any), telephone number)
__________________ (signature)
The head or person acting in his/her official capacity
__________________________________________________________________
(surname, first name and patronymic (if any) __________________ (signature)
Date of sending the notice "___"_______20___.
When submitting an offer electronically:
Data from the electronic digital signature (EDS)
Signed and sent at ____ o'clock "__" __________ 20__:
Data from the EDS
Footnote. The Rules have been supplemented by Annex 7-2 under order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall become effective ten calendar days after the date of its first official publication).
Notification on temporary suspension of subsidies
We, __________________________________________ hereby notify
(name of the financial institution)
the working body for the allocation of grant funds _________________________
_________________________________________________________ and requests suspension of the subsidy under the subsidy agreement
No. __________ of ______ 20__ until the heir inherits due to the borrower's death/declaration of the borrower as deceased
______________________________________________, who is the subsidy recipient.
Signature/electronic digital signature
Date
| Annex 8 to the Rules for the Subsidising of Interest Rates at Crediting of Agricultural Entities, as well as Leasing for Purchase of Agricultural Animals, Machinery and Technological Equipment |
Document form
Form designed to collect administrative data
Submitted to: Damu Entrepreneurship Development Fund Joint Stock Company and the Ministry of National Economy of the Republic of Kazakhstan
The administrative data form is available on the website: www.gov.kz
Report on disbursement of funds under the Priority Project Loan and Finance Leasing Mechanism
Footnote. Annex 8 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall come into effect ten calendar days after the date of its first official publication).
Administrative data form index: Form No. 1-OS
Frequency: monthly, quarterly
Reporting period: __________(month/quarter) 20___
Range of persons submitting information: financial institutions, Damu Entrepreneurship Development Fund Joint Stock Company
Deadline for submission of the administrative data form:
to Damu Entrepreneurship Development Fund Joint Stock Company on a monthly basis, not later than the twentieth of the month following the reporting month, during the term of the Priority Projects Lending and Financial Leasing Mechanism approved by Decree No. 820 of the Government of Kazakhstan dated December 11, 2018 “On Certain Issues of Long Term Tenge Liquidity to Address Affordable Lending” (hereinafter referred to as the Priority Project Loan and Finance Leasing Mechanism);
to the Ministry of National Economy of the Republic of Kazakhstan on a quarterly basis, not later than the twentieth day of the second month following the reporting quarter, during the term of the Priority Project Loan and Finance Leasing Mechanism.
No. s/o | Financial Institution | Region | Name or surname, first name, patronymic (if any) of the borrower by region of the Republic of Kazakhstan | Business entity | Date of issue of the loan/financial lease | Loan/finance lease term, months | Loan/finance lease amount | Amount of loan/finance lease approved using the Priority Project Loan and Finance Leasing Mechanism funds |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
continuation of the table
Amount of loan/financial lease approved with funds from a financial institution | Amount of actual disbursement | Amount actually disbursed from the Priority Project Loan and Finance Leasing Mechanism | Amount of actual disbursement at the expense of the financial institution | Grace period for principal repayment | Remuneration grace period | Loan/finance lease interest rate | Effective interest rate on the loan/finance lease | Object of the loan/financial lease |
10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 |
continuation of the table
Intended use of the borrowed funds (specifying the name and amount of each borrowing) | Place of implementation (district, city) | Section on the Common Classification of Economic Activities (hereinafter referred to as "CCEA") | Four-digit CCEA class | Number of new jobs created by the project | Decision number of the competent authority of the financial institution | Date of the decision of the competent authority of the financial institution | Planned amount of tax payments per year (at maximum design capacity), million tenge (based on business plan) | Planned revenue per year (at maximum design capacity), million tenge (based on business plan) | Loan Agreement/Credit Line Agreement Number | Date of Loan Agreement/Credit Line Agreement | Borrower's Individual Identification Number / Business Identification Number |
19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 |
continuation of the table
Participation in the Roadmap for Business 2025 State Programme for Business Support and Development (yes/no) | Direction under the Priority Project Loan and Finance Leasing Mechanism | Category of business entity (small business entity/ medium-sized business entity/ large business entity) | Compliance of the agribusiness sector with the conditions of the Business Roadmap 2025 State Programme for Business Support and Development / Lending and Financial Leasing Mechanisms for Priority Projects (compliant / not compliant) | Compliance of the agribusiness entity's project with the conditions of the Business Roadmap 2025 State Programme for Business Support and Development / Lending and Financial Leasing Mechanisms for Priority Projects (compliant / non-compliant) |
31 | 32 | 33 | 34 | 35 |
Name ________________________________________________________
Address _______________________________________________________________
Contact details _____________________________________________________________
E-mail address ______________________________________________
Document originator _________________________________________________________
(surname, first name and patronymic (if any), signature)
The head or person acting in his/her official capacity
_____________________________________________________________________
(surname, first name and patronymic (if any), signature)
Stamp here (except for persons who are self-employed)
Date of report "___" __________ 20 ___
Clarification for completing the Form designed to collect administrative data
“Report on Disbursement of Funds Issued under the Priority Projects Loan and Finance Leasing Mechanism” Chapter 1: General provisions
1. This explanation specifies uniform requirements for completing the form designed to collect administrative data “Report on Disbursement of Funds Issued under the Priority Projects Loan and Finance Leasing Mechanism” (hereinafter referred to as the Form).
2. The form shall be filled in by the financial institutions, Damu Entrepreneurship Development Fund Joint Stock Company.
3. The form shall be signed by the document originator and the head or person acting in his/her official capacity.
4. The form shall be provided by:
by financial institutions to the Damu Entrepreneurship Development Fund Joint Stock Company on a monthly basis, by the twentieth of the month following the reporting month, for the duration of the Priority Projects Loan and Finance Leasing Mechanism;
Damu Entrepreneurship Development Fund Joint Stock Company to the Ministry of National Economy of the Republic of Kazakhstan on a quarterly basis, not later than the twentieth of the second month following the reporting quarter, during the term of the Priority Project Loan and Finance Leasing Mechanism.
5. Form shall be completed in Kazakh or Russian.
Chapter 2. Clarification for completing the Form
6. Column 1 shall indicate the sequential number.
7. The name of the financial institution shall be indicated in column 2.
8. Column 3 shall specify the region.
9. Column 4 shall show the name of the borrower broken down by region of the Republic of Kazakhstan.
10. Column 5 shall indicate the legal form of the legal entity being an entrepreneur, and for natural persons being an entrepreneur - individual entrepreneur/ peasant (farming) enterprise.
11. Column 6 shall include the date of issue of the loan/financial lease.
12. Column 7 shall contain the term of the loan/financial lease.
13. Column 8 shall show the amount of the loan/financial lease.
14. Columns 9 and 10 shall indicate the amount of the loan/financial lease approved with funds from the Priority Project Loan and Finance Leasing Facility, Financial Institution.
15. Column 11 shall contain the amount of the actual disbursement.
16. Columns 12 and 13 shall specify the amount actually disbursed from the Priority Project Loan and Finance Leasing Facility, Financial Institution.
17. Columns 14 and 15 shall provide the grace period for repayment of principal and remuneration.
18. Columns 16 and 17 shall specify the loan/finance lease interest rate and the effective loan/finance lease rate.
19. Column 18 shall include the object of the loan/financial lease.
20. The intended use of the borrowed funds (indicating the name and amount of each borrowing destination) shall be stated in column 19).
21. Column 20 shall indicate the place of disbursement (district, town or city).
22. Column 21 shall include the section on the general classifier of economic activities.
23. Column 22 shall indicate the four-digit class according to the common classifier of economic activities.
24. Column 23 shall show the number of new jobs created as a result of the project.
25. Columns 24 and 25 shall specify the number and date of the decision of the competent authority of the financial institution.
26. Column 26 shall indicate the planned amount of tax payments per year (when reaching the maximum design capacity), million tenge (based on the business plan).
27. Column 27 shall contain the planned amount of revenue per year (when reaching maximum design capacity), million tenge (based on the business plan).
28. Columns 28 and 29 shall provide the number and date of the loan/credit line agreement.
29. Column 30 shall include the borrower's individual identification number/business identification number.
30. Column 31 shall include information on participation in the Business Road Map-2025 State Business Support and Development Programme approved by Decree No. 968 of the Government of the Republic of Kazakhstan dated December 24, 2019 (hereinafter, the State Business Road Map-2025 Programme).
31. Column 32 shall indicate the direction under the Priority Project Loan and Finance Leasing Mechanism.
32. Column 33 shall specify the category of the business entity (small/medium-sized business entity/large business entity).
33. Column 34 shall show compliance/non-compliance of the agribusiness entity with the conditions of the Business Roadmap 2025 State Business Support and Development Programme / Priority Projects Lending and Finance Leasing Mechanism.
34. Column 35 shall specify the compliance/non-compliance of the agribusiness entity's project with the conditions of the Business Roadmap 2025 State Business Support and Development Programme / Priority Project Lending and Finance Leasing Mechanism.
| Annex 9 to the Rules for the Subsidising of Interest Rates at Crediting of Agricultural Entities, as well as Leasing for Purchase of Agricultural Animals, Machinery and Technological Equipment |
Document form
Form designed to collect administrative data
Footnote. Appendix 9 is excluded by order of the Acting Minister of Agriculture of the Republic of Kazakhstan No. 77 of 28.02.2023 (shall become effective ten calendar days after the date of its first official publication).
| Annex 10 to the Rules for the Subsidising of Interest Rates at Crediting of Agricultural Entities, as well as Leasing for Purchase of Agricultural Animals, Machinery and Technological Equipment |
Form
Form designed to collect administrative data
Submitted to: the structural unit of the local executive body of the region, city of republican significance and the capital, implementing functions in the field of agriculture, and to the Ministry of Agriculture of the Republic of Kazakhstan
The administrative data form is posted on the Internet resource: www.gov.kz
Report on the actual use of subsidies
Footnote. Appendix 10 is in the wording of the order of the Minister of Agriculture of the Republic of Kazakhstan dated 29.11.2023 No. 410 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
Index of administrative data form: form No. 3-FIS
Frequency: quarterly, annually
Reporting period: ___ quarter 20___, 20___
Range of persons submitting information: financial institutions, structural subdivision of the local executive body of the region, city of republican significance and the capital, implementing functions in the field of agriculture
Deadline for submitting administrative data form:
to the structural subdivision of the local executive body of the region, city of republican significance, and the capital, implementing functions in the field of agriculture, quarterly, before the twentieth day of the month following the reporting quarter, and annually, until the twenty-fifth of January of the calendar year;
to the Ministry of Agriculture of the Republic of Kazakhstan quarterly, before the thirtieth day of the month following the reporting quarter, and annually, until the thirtieth January of the calendar year.
Name of the borrower | Individual identification number/business identification number | Name of the financial institution | Targeted purpose of the loan agreement* | Direction (Economics of simple things, Employment roadmap, Agro-industrial complex) | Code for the general classifier of types of economic activity (GCEA) | Number and date of the loan agreement | Amount of the loan agreement, tenge | Total interest rate, % | Subsidized interest rate, % | Amount of subsidies for the entire term of the loan agreement, thousand tenge | |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |
Total: |
Continuation of thr table:
In total, subsidies were transferred, tenge | Deviation (+, -) (+) overpayment, (-) shortfall, tenge | Refund of unused subsidies, tenge | The balance of the subsidy funds held in the special account of the financial institution, tenge | |||||
by the working body to the financial institution | by the financial institution to the borrower | |||||||
Total | including, for the reporting period | Total | including, for the reporting period | Total (column 13 - column 15) | including, for the reporting period (column 14 - column 16) | Total | including, for the reporting period | Total (column 17 – column 19), |
13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 |
*The targeted purpose of the loan agreement is indicated in accordance with paragraph 4 of 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, 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 October 26, 2018 No. 436 (registered in the Register of state registration of regulatory legal acts No. 17741).
Name __________________________________________________
Address _________________________________________________________
Telephone _______________________________________________________
E-mail address ________________________________________
Performer ___________________________________________________
(surname, name and patronymic (if any), signature)
Head or person performing his/her duties
______________________________________________________________
(surname, name and patronymic (if any), signature)
Place for seal (except for the persons who are subjects of private entrepreneurship)
Report submission date “___” __________ 20 ___
Explanation for filling out the form intended for collecting administrative data “Report on the actual use of subsidies” Chapter 1. General provisions
1. This explanation defines unified requirements for filling out the form intended for collecting administrative data “Report on the actual use of subsidies” (hereinafter - the Form).
2. The form shall be filled out by financial institutions, a structural subdivision of the local executive body of the region, city of republican significance, and the capital, implementing functions in the field of agriculture.
3. The form shall be signed by the performer and the head, or the person performing his/her duties.
4. The form shall be provided:
by financial institutions to the structural subdivision of the local executive body of the region, city of republican significance, and the capital, implementing functions in the field of agriculture (hereinafter - the working body), quarterly, before the twentieth day of the month following the reporting quarter, and annually, until the twenty-fifth of January of the calendar year, following the reporting year;
by the working body to the Ministry of Agriculture of the Republic of Kazakhstan quarterly, before the thirtieth day of the month following the reporting quarter, and annually, until the thirtieth January of the calendar year following the reporting year.
5. The form must be filled out in Kazakh or Russian.
Chapter 2. Explanation for filling out the Form
6. Column 1 indicates the serial number.
7. Column 2 indicates the name of the borrower.
8. Column 3 indicates the individual identification number/business identification number of the borrower.
9. Column 4 indicates the name of the financial institution.
10. Column 5 indicates the targeted purpose of the loan agreement.
11. Column 6 indicates the direction (Economy of simple things, Employment Roadmap, Agro-industrial complex).
12. Column 7 indicates the code according to the General Classifier of Types of Economic Activities (GCEA).
13. Column 8 indicates the number and date of the loan agreement.
14. Column 9 indicates the amount of the loan agreement.
15. Column 10 indicates the total interest rate.
16. Column 11 indicates the subsidized interest rate.
17. Column 12 indicates the amount of subsidies for the entire term of the loan agreement.
18. Columns 13 and 14 indicate the amounts of subsidies transferred for the entire period by the working body to the financial institution, including for the reporting period.
19. Columns 15 and 16 indicate the amounts of subsidies transferred for the entire period by the financial institution to the borrower, including for the reporting period.
20. Columns 17 and 18 indicate deviations (overpayment, deficiency) for the entire period, including the reporting period.
21. Columns 19 and 20 indicate the amount of return of unused subsidies to the working body, including for the reporting period.
22. Column 21 indicates the balance of subsidies held in a special account of the financial institution.
