On approval of the Rules for organizing a "one stop-shop" for investors, as well as the procedure for interaction when attracting investments

New Unofficial translation

Order of the Minister of Foreign Affairs of the Republic of Kazakhstan dated June 26, 2023 № 11-1-4/327. Registered with the Ministry of Justice of the Republic of Kazakhstan on June 27, 2023 № 32910.

      Unofficial translation

      In accordance with paragraph 2 of Article 282-1 of the Entrepreneur Code of the Republic of Kazakhstan, I HEREBY ORDER:

      1. To approve the attached Правила for organizing a "one stop-shop" for investors, as well as the procedure for interaction when attracting investments.

      2. Investment Committee of the Ministry of Foreign Affairs of the Republic of Kazakhstan in accordance with the procedure established by the law shall ensure:

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

      2) placement of this order on the internet resource of the Ministry of Foreign Affairs of the Republic of Kazakhstan;

      3) within ten working days after the state registration with the Ministry of Justice of the Republic of Kazakhstan of this order, submission to the Department of Legal Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan of information about implementation of activities, provided for in subparagraphs 1) and 2) of this paragraph.

      3. Control over implementation of this order shall be entrusted to the supervising Deputy Minister of Foreign Affairs of the Republic of Kazakhstan.

      4. This order shall come into force upon expiry of ten calendar days after the date of its first official publication.

      Minister of Foreign Affairs
of the Republic of Kazakhstan       M. Nurtileu

      "Approved"
Ministry of Finance
of the Republic of Kazakhstan

      "Approved"
Ministry of National Economy
of the Republic of Kazakhstan

  Approved by the order
of the Minister of Foreign Affairs
of the Republic of Kazakhstan
dated June 26, 2023 №11-1-4/327
  "On approval of the Rules for organizing a "one stop-shop" for investors, as well as the procedure for interaction when attracting investments"

Rules for organizing a "one stop-shop" for investors, as well as the procedure for interaction when attracting investments

      Footnote. The Rules as amended by the order of the Minister of Foreign Affairs of the Republic of Kazakhstan dated 31.12.2024 №11-1-4/746 (shall come into force upon the date of its first official publication).

Chapter 1. General provisions

      1. These Rules for organizing a "one stop-shop" for investors, as well as the procedure for interaction when attracting investments (hereinafter referred to as the Rules) have been developed in accordance with paragraph 2 of Article 282-1 of the Entrepreneur Code of the Republic of Kazakhstan.

      The Rules have been developed for the purposes of improvement of investment climate of the Republic of Kazakhstan by improving the efficiency and digitalization of activities to attract and support investors, as well as providing services to investors at the external, central and regional levels.

      2. Providing services to investors within these Rules shall be carried out through the National Digital Investment Platform (hereinafter referred to as the NDIP).

      3. Basic terms, used in these Rules:

      1) initiative – an offer of foreign missions of the Republic of Kazakhstan and foreign representatives and representative offices of the National Company for implementation of an investment project, formed on the basis of negotiations with a potential investor, executed as a meeting card in the NDIP system;

      2) initiating body – a state body or organization responsible for obtaining data from the investor, completing a project passport a roadmap in the NDIP system;

      3) country investment program – a program formed by foreign missions of the Republic of Kazakhstan for precise targeting of foreign investors, who express interest to implementation of investment projects in the Republic of Kazakhstan;

      4) "green corridor" - a special procedure for investment projects that meet criteria, set forth in Annex 1 to these Rules, providing for accelerated delivery of services;

      5) project passport – a document containing basic data about the investment project, including information about the investor company, area of ​​activity, volume of investment, financing scheme, contact details, brief description of the project;

      6) roadmap of the project – a schedule plan of implementation of the investment project, which includes stages of works, terms of their implementation, responsible executors;

      7) post-investment stage – a stage of completion of the investment project, which includes reaching design capacity or starting mass production;

      8) post-investment support – a set of activities aimed at facilitating the fulfillment of the terms of an investment contract or investment agreement after the completion of the project;

      9) pre-investment stage – a stage of preparation of the investment project, which includes the development of a feasibility study, obtaining technical conditions, a land plot, development of project estimate documentation, financing and other procedures requiring the implementation of the investment project;

      10) authorized body for investments (hereinafter referred to as the authorized body) – a state body the body in charge of the implementation of the state policy on investment attraction in accordance with the Resolution of the Government of the Republic of Kazakhstan dated October 28, 2004 № 1118 "Issues of the Ministry of Foreign Affairs of the Republic of Kazakhstan";

      11) Council on attracting investments – a consultative and advisory body under the Government of the Republic of Kazakhstan, created in order to in order to develop proposals and recommendations for investment projects being developed in the territory of the Republic of Kazakhstan and aimed at intensifying work with potential investors within the framework of state policy to attract investments, including taking into account preconditions, as well as considering issues on investment projects that require decisions to be made at the level of the Head of the Government;

      12) regional organization in the field of attracting investments (hereinafter referred to as the regional organization) – a legal entity created by decision of a local executive body in order to attract investments and supporting investors;

      13) national company in the field of attracting investments (hereinafter referred to as the National Company) – a legal company with the status of a national company in the field of attracting investments and its regional representatives and representative offices carrying out its activities in accordance with Article 282-2 of the Entrepreneur Code of the Republic of Kazakhstan;

      14) order for investments – a demand of a region or a city of republican significance in investments, which is duly executed and prepared by the local executive body towards a certain region or by the central state body towards a certain sector based on economic plans and objectives, established by law for this region, competitive advantages of regions and other factors;

      15) investment project (hereinafter referred to as the project) – a set of activities that involve investments in the creation of new, expansion and (or) renewal of existing production facilities, including production facilities created, expanded and (or) renewed during the implementation of a public-private partnership investment project, including a concession project;

      16) nationwide pool of investment projects – a list of investment projects being implemented and developed in all sectors of the economy, with a value exceeding one hundred and fifty thousand-fold of the monthly calculation index established by the law on the republican budget and in effect on January 1 of the relevant financial year, as well as investment projects implemented on the basis of investment contracts initiated by private entrepreneurship entities (domestic and foreign investors);

      17) regional pool of investment projects - a list of investment projects being implemented and developed in all sectors of the economy, worth up to one hundred and fifty thousand-fold of the monthly calculation index established by the law on the republican budget and in effect on January 1 of the relevant financial year, initiated by private entrepreneurship entities (domestic and foreign investors), formed by local executive bodies;

      18) investment stage – a stage of implementation of an investment project, which includes construction and installation works, obtaining state support measures, commissioning and putting the facility into operation;

      19) investor – an individual or a legal entity that make investments in the Republic of Kazakhstan;

      20) “one stop-shop” principle for investors (hereinafter referred to as the “one stop-shop” principle) – a centralized form of providing support to investors on behalf of the National Company and its regional representatives and representative offices, regional organizations in obtaining of state services rendered by organizations providing for the minimization of investors' participation in the collection and preparation of documents and limiting their direct contact with state bodies, including through the NDIP;

      21) investor support according to "one stop-shop" principle – a set of activities for informational, consultative, organizational assistance to the investor on behalf of the National Company and its regional representatives and representative offices, regional organizations in the field of attracting investments including through NDIP;

      22) investment program of a region – a program formed by a local executive body to attract investors taking into account the needs of the region;

      23) National digital investment platform – an electronic platform created for attracting, support and accounting of investment projects in the Republic of Kazakhstan;

      24) front office system – a three-level system (external, central and regional levels) that ensures interaction between interested bodies and organizations specified in paragraph 4 of these Rules, carried out at specially designated sites with the necessary infrastructure for providing consultations, state services, holding meetings, negotiations and presentations of investment opportunities of the Republic of Kazakhstan;

      25) KYC (Know Your Client) procedure – a procedure of risk management in order to detect and prevent legal and financial risks when interacting with a potential investor.

      26) Task Force – a structural unit of the National Company which is responsible for formation and support of the pool of investment projects providing for the implementation of investments in the amount of no less than seven and a half million-fold of the monthly calculation index established by the law on the republican budget and in effect on January 1 of the relevant financial year, subject to signing of investment agreements, and also corresponding to the criteria of the "green corridor" established in Annex 1 to these Rules.

Chapter 2. Procedure for organizing investor support according to “one stop-shop” principle in order to implement investment projects in the Republic of Kazakhstan Section 1. Interaction with investors at external, central and regional levels

      4. The investor support within the framework of these Rules shall be carried out by activities of front offices of external, central and regional levels through NDIP.

      The subjects of the front offices of the external level are foreign missions of the Republic of Kazakhstan, foreign representatives and representations of the National Company, foreign representatives of state bodies and organizations responsible for attracting investments and supporting investment projects.

      The subjects of the central level front offices are the National Company, including its regional representatives and representative offices, central state bodies of the Republic of Kazakhstan, the National Chamber of Entrepreneurs of the Republic of Kazakhstan “Atameken” (hereinafter referred to as the National Chamber), national management holdings, including the National Welfare Fund “Samruk-Kazyna” JSC and the group of the Fund, national companies, controlling stakes of which belong to the state, and organizations in the field of support of industrial and innovative activity.

      The subjects of the regional level front offices are local executive bodies of the Republic of Kazakhstan, regional organizations determined by local executive bodies of the Republic of Kazakhstan and their divisions, representatives of central state bodies, as well as representatives and representative offices of organizations in the field of support for industrial and innovative activities, investment activities and development of small and medium businesses, responsible for the implementation of investment policy, implementation and support of investment projects, as well as organizations providing state services.

      5. The work procedure of the front office entities of the external level shall be as follows:

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

      2) support of visits of potential investors to the Republic of Kazakhstan, including transnational companies;

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

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

      5) establishment of business ties in the host country with companies from the governmental, non-governmental and corporate sectors;

      6) holding meetings in the supervised country with large companies, including anchor and transnational companies, informing the embassy or consulate of the Republic of Kazakhstan to form and maintain a common database of foreign investors;

      7) participation in bilateral visits, business councils on investment attraction issues;

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

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

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

      11) forming a list of large foreign companies;

      12) conducting an analysis of the implementation of investment agreements reached following meetings, organized visits and signed memoranda;

      13) collecting information to form a country analysis;

      14) identifying and making recommendations on systemic problematic issues of investors;

      15) ensuring the fulfillment of key performance indicators and reporting to the authorized body;

      16) ensuring high-quality and timely provision of public services;

      17) formation and updating of information in the NDIP on investment projects and initiatives;

      18) participation in the development of country investment programs with annual updating of data on investment activities;

      19) formation of a country investment program and implementation of other functions established by the legislation of the Republic of Kazakhstan in the field of investments.

      6. The procedure for the work of front office entities at the central and regional levels within the framework of their powers shall be as follows:

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

      2) providing support for investors' activities, including organizing meetings of investors with state bodies, industrial and innovative entities, as well as associations of private entrepreneurship entities, holding business forums, conferences and workshops on investment topics, creating and maintaining a database of current and prospective investors;

      3) assisting investors in resolving emerging issues, including by initiating meetings with state bodies, within the limits of existing powers in accordance with constituent documents;

      4) promoting a favorable investment image of the Republic of Kazakhstan, including providing information on investment opportunities;

      5) supporting the implementation of official agreements reached following negotiations with investors;

      6) support of industrial and innovative projects implemented with the participation of investors;

      7) interaction with investors on the principle of "one window" in terms of supporting investors in obtaining state services, as well as services provided by organizations;

      8) formation and updating of information in the NDIP on investment projects;

      9) formation of a national pool of investment projects.

      7. Fron office entities of the central level shall also provide:

      1) assisting the authorized body in ensuring high-quality and timely provision of state services by regional front offices;

      2) assistance to investors on issues of structuring financing and obtaining permits for the implementation of investment projects and other functions established by the legislation of the Republic of Kazakhstan;

      8. Front office entities of the regional level shall also carry out:

      1) participation in events on investment topics organized by the National Company and its regional representatives and representative offices, including on the territory of a foreign state;

      2) on a quarterly basis, by January 15 of the relevant year following the reporting year, the preparation of the National Company by its regional representatives and representative offices of up-to-date information on investment activities in the region, including on industrial and innovative projects requiring investment, investors;

      3) assistance to investors in the installation of utilities, obtaining information on land plots, their registration, provision, as well as permits for the implementation of investment projects;

      4) formation of an order for investments;

      5) formation of an investment program for the region and its update in the NDIP system on an annual basis before January 15 of the corresponding year following the reporting year, together with the National Company.

Section 2. Procedure for interaction of the authorized body with the National Company and its regional representatives and representative offices, regional organizations on the issue of organizing support for investment projects to attract investment at the central and regional levels

      9. The authorized body within the framework of interaction with the National Company and its regional representatives and representative offices, regional organizations shall:

      1) provide assistance to investors in resolving problematic issues by organizing meetings and creating working groups;

      2) bring to the meeting of the Council on attracting investments issues on improving the investment climate and investment projects, including those on which there is no progress in implementation;

      3) request information on the work carried out to resolve investors' problematic issues;

      4) accept the National Company's report on the activities of the front offices of the central and regional levels through the NDIP;

      5) request information from the National Company to provide support for the high-quality and timely provision of public services by front office entities at the central and regional levels;

      6) request from the National Company the results of country and regional analysis, as well as international experience in attracting investment;

      7) at the request of the investor, initiate amendments to the legislative acts of the Republic of Kazakhstan aimed at improving the investment climate of the Republic of Kazakhstan (taxation, technology transfers, visa support), draft laws that can be considered outside the plan of legislative work of the Government of the Republic of Kazakhstan;

      8) agree on the introduction of changes and adjustments to the NDIP work algorithms;

      9) send instructions that are carried out by the National Company within its competence;

      10) make its recommendations to the activities of the Task Force.

      10. The authorized body, within the framework of interaction with front offices shall:

      1) determine the goals and objectives of the external and central front offices, as well as the coordination of the goals and objectives of regional front offices;

      2) coordinate the activities of the front offices;

      3) develop and send to the front offices key performance indicators within the framework of the implementation of investment projects;

      4) evaluate the activities of front offices, including through NDIP;

      5) request information on the results of meetings and negotiations with investors;

      6) agree on the topic, date and place of investment events by the National Company and regional organizations;

      7) accept reports on the activities of external front offices through NDIP;

      8) make recommendations to the activities of front offices at all levels.

Section 3. Procedure for interaction of the National Company and its regional representatives and representative offices, regional organizations with foreign missions of the Republic of Kazakhstan, state bodies, local executive bodies, organizations on the issues of attracting investments

      11. Central state bodies, foreign missions of the Republic of Kazakhstan, local executive bodies within the framework of interaction with front offices shall:

      1) at the request of front office entities, ensure the provision of materials, documents and information necessary for the preparation and execution by investors of an application for the receipt of state services and related ancillary services;

      2) at the request of front office entities, ensure timely clarification of the procedure for the provision of state services in electronic or written form.

      12. National Company within the framework of interaction with front offices of external level shall:

      1) at the request of the subjects of front offices of external level:

      hold meetings with the investor, provide, if necessary, his meetings with the relevant state bodies and organizations, including at the regional level;

      provide information and consulting support in collecting, preparing and processing documents for obtaining state services for the purpose of implementing investment projects in the territory of the Republic of Kazakhstan;

      2) send analytical and informational materials on the investment potential, investment climate of the Republic of Kazakhstan and regions, containing information on:

      climate, population, utility rates, electricity, routes, logistics;

      investment projects requiring investment, and niche investment projects broken down by region;

      potential partners for foreign investors;

      ready and planned industrial sites;

      human resources;

      state support measures;

      3) conduct workshops to improve work with investors;

      4) request information for conducting country investment analysis.

      13. National Company within the framework of interaction with front offices of regional level shall:

      1) provide, at the request of regional front office entities, information on the measures, procedure, conditions and volumes of state support, including information on possible support instruments that investors may apply for;

      2) conduct workshops to improve work with investors;

      3) provide information and consulting support in collecting, preparing and processing documents for the purpose of implementing investment projects in the Republic of Kazakhstan;

      4) requests a progress report for the purpose of providing information to the authorized body;

      5) requests information for the formation of a regional investment analysis.

      14. The front offices of regional level within the framework of interaction with the authorized body and the National Company shall:

      1) in accordance with the procedure established by law, make joint efforts for the successful implementation of investment projects in the territory of the Republic of Kazakhstan;

      2) send analytical and informational materials on the investment potential, investment climate of the region, containing information about:

      climate, population, utility rates, electricity, routes, logistics and other information;

      niche investment projects requiring investment, with up-to-date information and calculations (financial indicators, consumption, export and import, export potential and other information) for the investment project on a semi-annual basis;

      potential partners for foreign investors;

      ready and planned industrial sites;

      human resources;

      3) submit progress reports on the implementation of investment projects with an investment volume of less than one hundred and fifty thousand-fold of the monthly calculation index established by the law on the republican budget and in effect on January 1 of the relevant financial year and implemented in all sectors of the economy;

      4) send and update information on the national pool of investment projects after agreement with the relevant sectoral state bodies on a quarterly basis;

      5) carry out joint work to cover the implementation of successful investment projects with the participation of foreign investment in the mass media;

      6) send investment projects for approval, presentation and image materials developed for the purpose of presenting the investment opportunities of the region;

      7) send information at the request of the investor within 5 (five) working days from the date of registration of the request;

      8) conduct official correspondence with the foreign party on investment cooperation through diplomatic channels.

      15. The front offices of external level within the framework of interaction with the front offices of regional level shall:

      1) exchange country and regional analyses;

      2) forward investor inquiries to find local partners;

      3) provide information on potential investors.

      4) forward data on a potential project to determine whether it needs to be implemented.

      16. The front offices of regional level within the framework of interaction with the front offices of external level shall:

      1) send requests for investors;

      2) provide information on potential niches;

      17. The front offices of the external level within the framework of interaction with the front office of the central level shall:

      1) request information required for the provision of advice to investors;

      2) provide information for country investment analysis and form a country investment program jointly with the National Company, with quarterly updating in the NDIP before the 15th day of the month following the reporting quarter;

      3) form and provide a list of potential investors;

      4) conduct targeted negotiations with potential investors with targeting of ready-made investment proposals, including those prepared according to international standards;

      18. The front offices of the central level within the framework of interaction with the authorized body and the National Company shall:

      1) in accordance with the procedure established by law, make joint efforts for the successful implementation of investment projects in the territory of the Republic of Kazakhstan;

      2) by joint order, determine the responsible persons and deadlines for the provision of information, as well as services for interaction within the framework of providing services to investors and supporting them in state bodies;

      3) submit progress reports on the implementation of investment projects with an investment volume of one hundred and fifty thousand times the monthly calculation indicator established by the law on the republican budget and effective as of January 1 of the corresponding financial year, including investment projects with an investment volume of seven and a half million-fold of the monthly calculation index established by the law on the republican budget and effective as of January 1 of the corresponding financial year, and implemented in all sectors of the economy;

      4) send information on niche investment projects requiring investment, with up-to-date information and calculations (financial indicators, consumption, export and import, export potential) on the investment project on a semi-annual basis;

      5) send information at the request of the investor within 5 (five) working days from the date of registration of the request;

      6) exchange information on the measures, procedure, conditions and volumes of provision of state support, including information on possible support instruments that investors may apply for;

      7) take part in investment events (business forums, conferences, seminars, webinars) in the Republic of Kazakhstan and abroad;

      8) conduct official correspondence with a foreign party on investment cooperation through diplomatic channels;

      9) submit for approval investment projects of presentation and image materials developed for the purpose of presenting investment opportunities in individual sectors of the economy and state support measures;

      10) carry out joint work to cover the implementation of successful investment projects with the participation of foreign investment in the media on the basis of a joint order.

      19. The authorized body and the National Company within the framework of interaction with the front office system:

      1) exchange information at the request of the investor within the framework of the implementation of investment projects;

      2) conduct joint seminars (webinars) on the investment climate of Kazakhstan, as well as state support for the manufacturing industry for potential investors.

Section 4. Investor support according to "one stop-shop principle" through NDIP

      20. The process of investor support according to the “one stop-shop principle” by front office entities of external, central and regional levels shall be carried out through NDIP.

      21. On the basis of NDIP, registration and accounting of investment projects shall be carried out in all sectors of the economy of the Republic of Kazakhstan.

      22. The National Company is the NDIP operator in agreement with the authorized body.

      23. Central state and local executive bodies, the National Company, the National Chamber, national management holdings, including those represented by the National Welfare Fund “Samruk-Kazyna” JSC and the group of the Fund, national companies, the controlling stakes of which belong to the state, are the initiating bodies in the NDIP. The initiating bodies ensure the provision to the authorized body through the NDIP of information on potential and ongoing investment projects in the Republic of Kazakhstan.

      24. Access to NDIP shall be available to all interested participants of the investment project, as well as other state bodies within their competence. To enter the system, you need to pass authorization. Registered users can authorize in three ways:

      1) by login and password;

      2) by means of an electronic digital signature (hereinafter referred to as the EDS);

      3) Through the IDP Egov.kz.

Chapter 3. Procedure for investment project management in NDIP Section 1. Procedure for formation of a regional pool of investment projects

      25. The regional pool shall include investment projects with an investment volume of up to one hundred- and fifty-thousand-fold monthly calculation index established by the law on the republican budget and in effect on January 1 of the corresponding financial year.

      26. The local executive body shall, no later than the 15th day of the month following the reporting quarter, update the data on the regional pool of investment projects.

      27. Support of investment projects from the regional pool according to the “one stop-shop principle” shall be carried out by the local executive body and regional organizations.

Section 2. Procedure for formation of a nationwide pool of investment projects and “green corridor” project management

      28. The nationwide pool shall include investment projects with an investment volume of one hundred fifty thousand-fold of the monthly calculation index established by the law on the republican budget and in effect on January 1 of the relevant financial year, as well as investment projects implemented on the basis of investment contracts.

      29. The local executive body, National Company, central state bodies, National Chamber, national management holdings including the National Welfare Fund “Samruk-Kazyna” JSC and the group of the Fund, national companies, controlling stakes of which belong to the state, shall initiate the process of including an investment project in the nationwide pool of investment projects.

      At the same time, projects that are in the implementation stage and fall under the criteria of the nationwide pool of investment projects shall also be included in the nationwide pool by the local executive body in whose territory the project is being implemented, for the purpose of its support in the NDIP.

      30. At the stage of inclusion of an investment project in the nationwide pool of investment projects, NDIP shall automatically include the project in the “green corridor” based on the system of calculating points on confirmation of the minimum threshold value of indicators, defined in Annex 1 to these Rules.

      31. Projects in the “green corridor” with an investment volume of seven and a half million-fold of the monthly calculation index established by the law on the republican budget and in effect on January 1 of the corresponding financial year shall be automatically transferred for further support to the Task Force.

      32. Projects that fall under the criteria of the "green corridor" shall receive state services on an expedited basis, as well as decisions on such projects, if problematic issues are identified, shall be made at the next meeting of the Council on attracting investments.

Section 3. Procedure for suspension and exclusion of an investment project from the nationwide pool of investment projects

      33. The grounds for suspension and (or) exclusion of an investment project from the nationwide pool of investment projects shall be as follows:

      1) multiple violations of technical requirements and standards identified during inspections that were not corrected within the established timeframes;

      2) financial problems (termination or significant reduction in project funding without the possibility of restoration);

      3) bankruptcy or liquidation of the legal entity responsible for the implementation of the project;

      4) inability to obtain the necessary permits and approvals from government agencies;

      5) the presence of judicial or other legal restrictions that impede further implementation of the project;

      6) an appeal from the investor or the project initiating body to exclude the project, submitted in written (paper and (or) electronic) form.

      34. The local executive body, through the NDIP, shall send to the authorized body a request with justification for the suspension and/or exclusion of an investment project from the national pool of investment projects, provided that such a project falls under at least one of the grounds listed in paragraph 33.

      35. The authorized body shall make a decision on the suspension and (or) exclusion of an investment project from the national pool of investment projects within 5 (five) working days.

      36. Automatic exclusion from the national pool of investment projects shall be carried out after 3 (three) years from the date of the investment project's transition to Module № 3 "Post-investment support", with the exception of investment projects implemented on the basis of concluded investment contracts, which are excluded from the national pool of investment projects upon the expiration of the investment contract.

Chapter 4. Procedure for supporting initiatives and investment projects in NDIP

      37. The initiatives of foreign missions of the Republic of Kazakhstan, nationwide pool of investment projects, as well as investment projects included in the “green corridor” shall fall under the NDIP support.

      38. NDIP consists of three modules: Module №1 “Attraction”, Module № 2 “Implementation of the investment project”, Module 3 “Post-investment support”.

Section 1. Filling in and maintenance of Module №1 “Attraction” in NDIP

      39. Module № 1 “Attraction” – a section on attracting investments, which includes work on recording meetings with potential investors, as well as creating an initiative to implement an investment project.

      Within the framework of this module, interaction with potential investors is carried out by foreign missions of the Republic of Kazakhstan and foreign representatives and representative offices of the National Company.

      40. Such interaction includes:

      1) organizing meetings with potential investors at international and national events;

      2) visits of heads of state bodies and quasi-state organizations aimed at attracting foreign investors;

      3) creating a company card and a contact card indicating primary data on a potential investor (field of activity, company size, country of origin, contact person) and conducting the KYC (Know your Customer) procedure;

      4) entering data on all meetings with a potential investor by filling out a meeting card in the NDIP, indicating key aspects of negotiations, information about the subject of interest, the participants of the meeting, the approximate parameters of the project and expectations of the potential investor, and the agreements reached at the end of the meeting;

      5) following the results of foreign business trips of heads of state bodies and quasi-state organizations, within 3 (three) working days, an embassy employee shall fill a visit card with information about the investment events that have taken place in the NDIP;

      6) in case the potential investor is planning a visit to Kazakhstan, the foreign office of the Republic of Kazakhstan shall decide on the planned visit with indication of the expected dates, purposes of the visit and determination of the relevant state body by prior agreement;

      7) the decision on expediency of the visit of the potential investor shall be made by the authorized body. In case of a positive decision the authorized body together with the central state and local executive bodies shall develop a detailed program of the visit of a potential investor and form a list of participants through NDIP.

      41. Following the visit of a potential investor, the foreign institution of the Republic of Kazakhstan shall fill in a visit card in the NDIP with information on the agreements reached and within 3 (three) working days shall create and transfer an initiative to the local executive body.

      42. The local executive body, after receiving the initiative, shall appoint a responsible official to accompany the potential investor. Within 30 (thirty) calendar days, the responsible official of the local executive body shall take one of the following actions:

      1) initiate the transition of a potential investment project to Module №2, by creating a project passport with data on project parameters, preliminary calculations on the cost and terms of project realization, investor's needs and measures of state support;

      2) in case of necessity to finalize the initiative, extend its validity, but not more than for 30 (thirty) calendar days, to obtain additional information on the potential investment project and then proceed to pts. 1) or item. 3) of this paragraph;

      3) upon agreement with the authorized body redirect the initiative to another local executive body (by prior agreement).

      43. The process of supporting a potential investor in Module 1 shall provide for the possibility of creating additional meetings with interested parties, manually filling out the results of the visit, if necessary, as well as prompt interaction between participants in the process via chat in NDIP.

Section 2. Filling in and maintenance of Module №2 “Implementation of an investment project” in NDIP

      44. Module №2 “Investment Project Implementation” - a section of investment project implementation, which includes support of the investment project by the initiating bodies, creation of the project passport, project roadmap, interaction with state bodies and other organizations to obtain services for the investor, management of projects included in the “green corridor”.

      45. Within the framework of this module, interaction with investors is carried out by responsible bodies-initiators represented by local executive bodies, central state bodies, the National Company and its regional representatives, the National Chamber, national management holdings, including the National Welfare Fund “Samruk-Kazyna” JSC and the group of the Fund, national companies, controlling stakes of which belong to the state.

      46. At the initial stage, the responsible initiating body shall accept from the investor who has registered a legal entity in the territory of the Republic of Kazakhstan the necessary data to fill out the project passport.

      47. The following information shall be indicated in the project passport:

      1) the name of the investor company;

      2) the company's BIN (if any);

      3) the scope of activity (industry);

      4) the product position of the project;

      5) the region of project implementation;

      6) the estimated cost of the project;

      7) financing scheme (sources of funds, conditions and amounts of financing);

      8) contact details of the investor and the responsible person;

      9) a brief description of the project, including its objectives and expected results;

      10) date of registration of the company in the Republic of Kazakhstan.

      48. If a project passport is formed, the investment project shall be automatically included in the nationwide pool of investment projects in the NDIP.

      After filling in the project passport data, the initiating body shall determine the responsible local executive body, which within 30 (thirty) calendar days forms and agrees on a project roadmap, including information on/about:

      1) deadlines for completing stages agreed with the investor and all interested parties;

      2) expected results at each stage (permits, completion of construction, launch of production);

      3) government support measures at each stage;

      4) possible risks and ways to minimize them;

      5) persons responsible for completing each stage (investor, state bodies, contractors).

      49. A roadmap consists of three stages:

      1) pre-investment stage: development of a feasibility study, obtaining technical specifications, obtaining a land plot, development of design and estimate documentation, financing;

      2) investment stage: construction and installation works, obtaining government support measures, commissioning, putting into operation;

      3) post-investment stage: reaching design capacity or starting serial production.

      50. The local executive body shall send the formed roadmap to the National Company for approval.

      51. In case of rejection of the roadmap by the National Company, it shall be sent for revision to the local executive body. In this case, the local executive body within 5 (five) working days eliminates the remarks and shall send the roadmap for re-approval.

      52. If the roadmap is positively approved by the National Company, the project shall move from the stage “without a roadmap” to the stage “with a roadmap”.

      53. The initiating bodies shall provide continuous support for the implementation of the stages of the project roadmap and provide investors with access to government and other services in the NDIP system.

      54. Introduction of amendments and (or) additions by means of conclusion of an additional agreement to the investment contract shall be carried out by the authorized body.

      55. As part of the post-investment phase, the local executive body shall follow up on investment projects in the respective region through an interactive analytical dashboard in the NDIP. The following parameters are used:

      Overdue tasks - marked in red.

      Tasks with a deadline of less than 10 days are marked in yellow.

      Tasks that are due in more than 10 days are highlighted in green color.

      56. The NDIP uses consolidated data to form a ranking of regions by the dynamics of roadmap tasks fulfillment based on the number of days of delinquency. In this case:

      For delinquency from 1 to 5 days 0.5 points are assigned.

      For delinquency from 5 to 15 days 1 point is assigned.

      Overdue for more than 15 days is assigned 1.5 points.

      If the number of points is equal, priority is given to the region with the largest number of projects.

      57. Amendments to the roadmap at the request of the investor shall be made by the local executive body in coordination with the authorized body.

      58. Interested participants of the investment project have the opportunity to attach files in Module №2 and comment on the progress of the project within their competence for the relevant stages or phases of implementation.

      59. Support for the implementation of investment projects is provided by the Investment Promotion Board through an interactive and analytical dashboard in NDIP.

      60. The investment project shall be transferred to Module №3 “Post-Investment Support” after validation by the National Chamber within 5 (five) working days from the actual completion of the last task of the roadmap.

Section 3. Filling in and maintenance of Module №3 “Postinvestment support”

      61. Post-investment support of completed projects shall be carried out by the authorized body and the National Company for three years after the project transitions from Module № 2 to Module № 3, with the exception of post-investment support of investment contracts, for which the support period is valid for the duration of the investment contract.

      During this period, the investor shall have the right to initiate problematic issues and proposals for improving the investment climate in the NDIP system for consideration by the authorized body

      62. Change management and project completion shall be carried out by the authorized body by taking into account all changes made to the project and investment contract (changes in investment volumes, project conditions), and conducting a final analysis before completing the investment project.

      63. Completion of post-investment support occurs after the investor has fulfilled all obligations under the investment project.

      64. All documents related to the project (reports, acts, conclusions, audits) shall be archived and stored in the NDIP system. Information about the project remains in the NDIP system for subsequent use for analytical purposes and reporting.

Chapter 5. Procedure for organizing the process of providing state and other services rendered by state bodies and other organizations to carry out investment activities of investors, as well as support of investment projects to attract investments

      65. The organization of activities on support of investors, as well as timely and qualitative provision of state and other services for investors provided by the subjects of front offices, shall be carried out by the central state and local executive bodies within their competence.

      66. The authorized body within the framework of the work on the evaluation of activities and achievement of key indicators, on a quarterly basis shall analyze the process of project support, as well as the provision of state and other services by the subjects of front offices on the basis of information provided by the National Company and the subjects of front offices of the external level.

      67. The subjects of front offices of the regional level shall submit reports to the National Company not later than the 15th day of the month following the reporting quarter. The reports may be submitted also through NDIP.

      National Company on the basis of the data received from its regional representatives and representative offices, subjects of front offices of the regional level, shall form a consolidated quarterly report on the activities of the subjects of front offices of the regional and central levels and send the consolidated report to the authorized body, including through NDIP, not later than the 20th day of the month following the reporting quarter.

      68. The subjects of front offices of the external level shall send a report on the work done to the authorized body, including through NDIP, not later than the 15th day of the month following the reporting quarter.

      69. The results of the analysis shall be used to make recommendations, as well as to timely identify and take appropriate measures to address emerging systemic and operational issues.

      70. At the stage of support of investment projects, the plan of measures for tracking the implementation of projects in the NDIP, set forth in Annex 2 to this Regulation, shall be implemented.

  Annex 1
to the Rules for organizing a "one stop-shop" for investors, as well as the procedure for interaction when attracting investments

The system of calculation of points for the investment project on confirmation of the minimum threshold value of indicators for inclusion in the “green corridor”

Investment amount (25%)

Maximum score - 3

from 10 to 15 million USD

1 score

from 15 to 30 million USD

2 scores

from 30 million USD and more

3 scores

Enlistment of an investor in the list of "The Global 2,000" (30%)

Maximum score - 2

unlisted

0 score

enlisted

2 scores

High-tech nature of the project (compliance with the list of priority goods, Order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated May 30, 2022 № 306 "On approval of the List of Priority Goods") (30%)

Maximum score - 3

project not related to manufacturing industry

0 score

unlisted (project in manufacturing industry)

1 score

Medium level

2 scores

High level

3 scores

Social orientation of the project (15%)

Maximum score - 2

Creation of up to 300 jobs

0,5 scores

Creation from 300 to 500 jobs

1 score

Creation from 500 and more jobs

2 scores

      *The threshold value for inclusion into the list shall be calculated on the basis of the weighted average for all criteria - 1.3 scores.

  Annex 2
to the Rules for organizing a "one stop-shop" for investors, as well as the procedure for interaction when attracting investments

General provisions on the action plan for project support in the National Digital Investment Platform (NDIP)

      1. The Project Support Action Plan is designed to ensure regular and systematic monitoring of investment projects.

      2. The Project Support Action Plan includes activities aimed at monitoring the fulfillment of tasks specified in the project roadmaps, assessing their effectiveness and identifying problematic aspects requiring intervention and adjustment.

      3. The Project Support Action Plan consists of quarterly, annual and unscheduled activities.

      4. Quarterly activities include, but are not limited to, the following stages:

      1) summarizing the results for the quarter, including assessment of the dynamics of task implementation over the past quarter, analysis of the reasons for deviations from the planned timelines, updating the rating of regions based on the implementation of the roadmap tasks;

      2) preparation of a quarterly report, including analysis of project implementation efficiency, identification of successful practices and problem areas, and recommendations for improving project support processes;

      3) holding meetings with the participation of all stakeholders to assess the current status of projects and adjust plans for the next quarter.

      5. Annual activities include, but are not limited to, the following steps:

      1) summarizing the results of the year, including a full analysis of the implementation of the roadmap tasks for the year, assessment of the achievement of key indicators of the regions;

      2) assessment of the effectiveness of all projects' implementation, recommendations on improving the methodology of project support;

      3) holding a final meeting with project participants to discuss the results of the year and plan for the next year.

      6. Unscheduled activities include, but are not limited to, the following steps:

      1) tracking task completion as requested by the authorized agency;

      2) responding to identified deviations and problems in the process of project implementation, including making adjustments to project roadmaps in coordination with the authorized body;

      3) preparation of special reports and proposals to eliminate problems and improve the efficiency of project implementation.

      7. This Project Support Action Plan is mandatory for implementation by all front office entities at external, central and regional levels under NDIP within their competence for implementation of investment projects.

      8. The Project Support Action Plan shall be reviewed and updated at least once a year, taking into account the results of analysis and identified needs.

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