Unofficial translation
In accordance with subparagraph 41-9) paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan “On state regulation of the development of the agro-industrial complex and rural areas” and subparagraph 2) of paragraph 3 of Article 16 of the Law of the Republic of Kazakhstan “On state statistics”, I HEREBY ORDER:
Footnote. Preamble - as amended by the order of the Minister of Agriculture of the Republic of Kazakhstan dated 17.11.2023 № 397 (shall be enforced ten calendar days after the date of its first official publication).1. That the attached Rules for Subsidising Insurance Premiums shall be approved.
2. That in compliance with the procedure established by legislation, the Financial Instruments and Microlending Department of the Ministry of Agriculture of the Republic of Kazakhstan shall ensure:
1) state registration hereof with the Ministry of Justice of the Republic of Kazakhstan;
2) posting this order on the website of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication.
3. That the supervising Vice-Minister of Agriculture of the Republic of Kazakhstan shall be in charge of controlling the execution hereof.
4. That this order shall be enforced ten calendar days after the date of its first official publication.
|
Minister of Agriculture of the Republic of Kazakhstan |
S. Omarov |
“AGREED BY”
Ministry of Finance
of the Republic of Kazakhstan
“AGREED BY”
Agency of the Republic of Kazakhstan
on Regulation and Development
of the Financial Market
“AGREED BY”
Ministry of National Economy
of the Republic of Kazakhstan
“AGREED BY”
Ministry of Digital Development,
Innovation and the Aerospace Industry
of the Republic of Kazakhstan
| Approved by order of the Minister of Agriculture of the Republic of Kazakhstan No. 172 dated May 19, 2020 |
Rules for Subsidising Insurance Premiums Chapter 1. General provisions
1. These Rules for subsidizing insurance bonuses (hereinafter referred to as the Rules) were developed in accordance with subparagraph 41-9) of paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan “On state regulation of the development of the agro-industrial complex and rural areas” (hereinafter referred to as the Law), subparagraph 2) of paragraph 3 Article 16 of the Law of the Republic of Kazakhstan “On state statistics” and determine the procedure for subsidizing insurance bonuses at the expense and within the limits of funds provided for in the state budget for the corresponding financial year.
Footnote. Paragraph 1 - as amended by the order of the Minister of Agriculture of the Republic of Kazakhstan dated 17.11.2023 No. 397 (shall be enforced upon expiration of ten calendar days from the date of its first official publication).2. The main purpose of subsidizing insurance premiums shall be to increase the availability of debt and trade financing for subjects of the agro-industrial complex (hereinafter - the agro-industrial complex).
Insurance premiums in the amount of 80% of the amount of the insurance premium under insurance contracts in the agro-industrial complex concluded by insurance organizations, branches of non–resident insurance organizations of the Republic of Kazakhstan (hereinafter - the insurer) shall be subject to subsidization under these Rules.
Footnote. Paragraph 2 is in the wording of the order of the Minister of Agriculture of the Republic of Kazakhstan dated 18.08.2022 No. 261 (shall be enforced upon expiry of ten calendar days from the date of its first official publication).3. The following terms and definitions are used in these Rules:
1) agribusiness insurance operator (hereinafter the operator) is a joint-stock company established by the decision of the Government of the Republic of Kazakhstan, which is part of the national management holding in the agribusiness, whose sole shareholder is the state;
2) agribusiness insurance information system (hereinafter the insurance information system) means an automated system providing for the conclusion of electronic insurance contracts in the agribusiness, identification of parties at a certain point in time and maintenance of a database (aggregate of data) on concluded electronic insurance contracts in the agribusiness and their parties;
3) authorised body in the field of agribusiness development (hereinafter referred to as the authorised body) - a state body performing state regulation in the field of agribusiness development;
4) personal account - an account opened in the insurance information system that reflects the information about the user registered in the electronic register of applications for subsidies, necessary for their identification (authentication) and providing access to their personal data and settings;
5) personal profile - a personal web page of the user (insurant, insurance underwriter, operator) in the insurance information system;
6) service provider - a person providing access to the insurance information system and its support determined in compliance with the legislation of the Republic of Kazakhstan on public procurement;
7) web-portal of insurance information system (hereinafter web-portal) - an Internet resource available on the Internet that provides access to the insurance information system;
8) insurance product - a financial product developed by the operator or insurance underwriter, agreed with the authorised body for the regulation, control and supervision of the financial market and financial organisations and approved by the operator, subject to subsidising within the frameworks of state support of agribusiness entities under insurance in agribusiness;
9) insurance premium - the amount of money which the insurant is obliged to pay to the insurance underwriter for the latter's assumption of the obligation to make the insurance payment to the insurant (beneficiary) in the amount determined in the insurance contract;
10) premium subsidy is a form of state support aimed at payment of a part of the insurance premium to the insurer on condition that the insurant pays the other part;
11) insurance contract – a contract concluded between the insurance underwriter and the insurant for the purpose of insuring the property interests of the insurant within the framework of its activities in the field of agriculture;
12) is excluded by the order of the Minister of Agriculture of the Republic of Kazakhstan dated 18.08.2022 No. 261 (shall be enforced upon expiry of ten calendar days from the date of its first official publication);
13) insurant - a natural person or a legal entity, including a peasant or a farmer household, who has concluded an insurance contract with the insurance underwriter;
14) electronic register of applications for subsidies (hereinafter the Register) - an aggregate of information on applications for subsidies as well as on insurants, insurance underwriters and other information displayed in the insurance information system;
15) application for subsidy - an electronic application of the insurance underwriter for payment of a portion of the insurance premium under the insurance contract;
16) electronic digital signature (hereinafter EDS) - a set of electronic digital characters created by electronic digital signature tools and confirming the authenticity of an electronic document, its ownership and invariability of its content.
Footnote. Paragraph 3 as amended by the order of the Minister of Agriculture of the Republic of Kazakhstan dated 18.08.2022 No. 261 (shall be enforced upon expiry of ten calendar days from the date of its first official publication).4. For the purpose of implementation of insurance premium subsidy measures, an agreement shall be concluded between the authorised body and the operator for the provision of operator's services for the relevant financial year.
5. The operator shall open a current account in the National Bank of the Republic of Kazakhstan (hereinafter referred to as National Bank) for management of funds, transferred by the authorized body under the contract, concluded between the authorized body and the operator.
6. Temporarily free funds from the current account with the National Bank may be placed on deposits with the National Bank and in state securities.
7. The revenue side of the current account with the National Bank shall be formed based on budgetary funds transferred by the authorized body on the basis of agreement and revenues from placement of temporarily free funds on deposits with the National Bank and in state securities.
8. The expenditure part of the current account with the National Bank shall include the amounts of placement on deposits with the National Bank and in government securities, expenses for reimbursement of a part of the insurance premium.
9. The balances of the current account with the National Bank at the end of the financial year shall not be returned to the authorised body and respectively to the state budget, but shall be used to subsidise insurance premiums in the next financial year.
At the same time, when preparing the budget request for the next fiscal year, the available balance on the current account with the National Bank shall be taken into account.
In case of lack of funds for subsidizing a part of insurance premiums on the current account with the National Bank, the insurance underwriter's application shall be considered in the next financial year.
10. Within 3 (three) working days after the entry into force of the contract for the procurement of services to provide access to the insurance information system and its support, the operator shall place an announcement on the web portal and in the mass media distributed in the territory of the Republic of Kazakhstan on the beginning of the programme for subsidising a part of the insurance premium under insurance contracts.
11. Is excluded by the order of the Minister of Agriculture of the Republic of Kazakhstan dated 18.08.2022 No. 261 (shall be enforced upon expiry of ten calendar days from the date of its first official publication).12. Subsidies shall be paid to insurance underwriters.
Chapter 2. Conditions for receiving subsidies
13. Subsidies shall be paid subject to the following conditions:
1) the existence of a valid insurance contract in the register, the scope of which is the purchase of an insurance product approved by the operator;
2) confirmation of payment by the policyholder of a part of the insurance premium in accordance with the amount of subsidies established by paragraph 2 of these Rules, as a result of information interaction between the insurance information system and the banking payment system;
3) submission by the insurance underwriter of an application for subsidy of a part of the insurance premium (hereinafter - application for subsidy) according to the form in Annex 1 to these Rules via the web portal.
Footnote. Paragraph 13 as amended by the order of the Minister of Agriculture of the Republic of Kazakhstan dated 20.04.2023 No. 147 (shall be enforced upon expiry of ten calendar days from the date of its first official publication).Chapter 3. Procedures for conclusion insurance contracts and subsidy payment
14. In order to grant access to the insurance information system, insurants and insurance underwriters must have an EDS.
The operator shall send the service provider an up-to-date list of employees with EDS.
Access to the register data shall be provided to the authorised body online at no charge.
15. For registration in the 'personal profile', the following information shall be indicated by the insurant and the insurance underwriter:
1) for individuals and individual entrepreneurs: individual identification number (hereinafter IIN), surname, first name and patronymic (if any);
2) for legal entities: business identification number, full name; surname, first name and patronymic (if any) and IIN of first manager;
3) contact details (postal address, phone number, e-mail address);
4) details of the current account of the second-tier bank.
If the aforementioned data changes, the insurant and the insurance underwriter shall change the personal account data entered in the "personal profile" within 1 (one) working day.
16. The policyholder, through the insurance information system, shall enter into an insurance contract with the selected insurer and pay part of the insurance premium in accordance with the amount of subsidies established by paragraph 2 of these Rules.
Footnote. Paragraph 16 is in the wording of the order of the Minister of Agriculture of the Republic of Kazakhstan dated 20.04.2023 No. 147 (shall be enforced upon expiry of ten calendar days from the date of its first official publication).17. The application for the subsidy shall be submitted by the insurance underwriter after receiving the payment from the insurant.
The insurance underwriter shall draw up and register a subsidy application no later than 3 (three) working days after the insurant has paid a portion of the insurance premium in his/her "personal profile" as follows:
1) an application for subsidy is prepared and the information required for the insurance information system to verify the terms and conditions of the subsidy is entered into the application;
2) the subsidy application shall be registered in the insurance information system by signing it with the insurer's EDS and shall become available in the operator's "personal profile". An electronic notification of the receipt of the application for subsidy shall be sent to the operator's email address.
18. From the date of receipt of the subsidy application, within 1 (one) working day, the operator shall carry out the following steps in the insurance information system:
1) acknowledgement of its acceptance by signing a relevant notification using an EDS. This notice shall be made available in the "personal profile" of the insurance underwriter and the insurant;
2) making a decision on the subsidy application.
19. In case of a positive decision, within 2 (two) working days, the operator shall generate payment orders in the insurance information system for the payment of subsidies from the account at the National Bank.
20. The following may be grounds for the operator's refusal to provide subsidies:
1) determination of unreliability of documents submitted for subsidies and (or) data (information) contained therein;
2) inconsistency of presented data and information necessary for subsidies receipt.
21. The use of an insurance information system shall be admissible if it complies with the requirements laid down in paragraph 6 of Article 10-1 of the Law.
22. Quarterly, not later than the 20th (twentieth) day of the month following the reporting month, the operator shall submit to the authorized body the report on actual use of subsidies under insurance contracts issued under the state support of insurance development in agribusiness according to the form in Annex 2 to these Rules.
| Annex 1 to the Rules for Subsidising Insurance Premiums |
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| Document form |
Application form for subsidising a part of insurance premiums To:_____________________________________________________________ (operator's full name) From: _____________________________________________________________ (full name of the legal entity)
I hereby ask you to pay a subsidy for the part of the insurance premium in the amount of KZT _________________.
1. Information on the applicant.
name ___________________________________________________
business identification number (hereinafter referred to as the BIN)
surname, first name, patronymic (if any), individual identification number of the head
________________________________________________________________________
Location address: _________________________________________________________
Phone number (fax): _______________________________________________________
2. Details of the insurance underwriter's current account at a second-tier bank:
BIN ____________________________________________________________________
beneficiary code __________________________________________________________
bank details:______________________________________________________________
bank name:_______________________________________________________________
BIK (sort code)____________________________________________________________
individual identification code ________________________________________________
beneficiary code ___________________________________________________________
3. Details of the insurance contract between the insurant and the insurance underwriter:
Contract number_________________________________________________
contract date ____________________________________________________
information on the insurant ________________________________________
I hereby confirm the accuracy of the provided information, I am aware of the responsibility for the submission of false information in obedience to the laws of the Republic of Kazakhstan, and I hereby give my consent to the use of information that constitutes a legally protected secret, as well as the collection, processing, storage, uploading and use of personal data and other information.
Signed and sent by the applicant at _____ am/pm
"__" __________ 20__ :
Data from the electronic digital signature (hereinafter EDS)
Date and time of signature of the EDS
Notification of acceptance of the application:
The application has been accepted by the operator at _____ am/pm
"__" __________ 20__
Data from EDS
Date and time of signature of EDS
| Annex 2 to the Rules for subsidizing insurance bonuses |
Form
Form designed to collect administrative data
To be submitted to: the authorized body in the field of development of the agro-industrial complex
The form intended for collecting administrative data is posted on the Internet resource: www.gov.kz
Report on the actual use of subsidies under insurance contracts issued as part
of state support for the development of insurance in the agricultural sector
Footnote. Appendix 2 - as amended by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated 17.11.2023 № 397 (effective after ten calendar days from the date of its first official publication).
Index of the form intended for collecting administrative data:
form No. 1-OST
Frequency: quarterly
Reporting period: ___ quarter of 20___
Group of persons submitting the information: an operator in the field of insurance in the agro-industrial complex (hereinafter referred to as the operator)
Deadline for submitting the administrative data form: quarterly,
no later than the 20th (twentieth) day of the month following the reporting month
№ | Name of the policyholder/insurer | Individual Identification Number/Business Identification Number of the policyholder | Number and date of the insurance contract | Insurance bonuses amount, tenge | Amount of subsidies paid, tenge | The balance of subsidies located in the operator’s special account, tenge |
1 | 2 | 3 | 4 | 5 | 6 | 7 |
Total: |
Name____________________________________________________
Address___________________________________________________________
Phone_________________________________________________________
Email__________________________________________
Manager or person performing his duties
________________________________________________________________
(signature/electronic digital signature)
________________________________________________________________
(last name, first name, patronymic (if any)
| Annex to the form, designed for collecting administrative data "Report on actual use of subsidies under insurance contracts, issued as part of state support for development of insurance in agro-industrial complex" |
Explanation for filling out the form intended for collecting administrative
data“Report on actual use of subsidies under insurance contracts issued as part
of state support for development of insurance in the agro-industrial sector” Chapter 1. General provisions
1. This explanation defines uniform requirements for filling out a form intended for collecting administrative data “Report on actual use of subsidies under insurance contracts issued as part of state support for development of insurance in the agro-industrial sector” (hereinafter referred to as the Form).
2. The form is signed by the manager or the person performing his duties, indicating his last name and initials.
3. The form is filled out in the state and Russian languages.
Chapter 2. Explanation for filling out the Form
4. Column 1 of the Form indicates the serial number.
5. Column 2 of the Form indicates the name of the policyholder/insurer.
6. Column 3 of the Form indicates the individual identification number/business identification number of the policyholder.
7. Column 4 of the Form indicates the number and date of the insurance contract.
8. Column 5 of the Form indicates the amount of the insurance bonuses.
9. Column 6 of the Form indicates the amount of subsidies paid.
10. Column 7 of the Form indicates the balance of subsidies located in the operator’s special account.
